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VOL. 11. 




G L A S :.; () \v- : 




Chap. I. Of the rising at Pentlanfl, 16GQ, 2. 

Sfct. 1. The state of affairs before the rising, 
2 — proclamation against the apologetical nar- 
ration, Februai-y 8th, 16G6, 7 — letter from a 
pentleman in Galloway, 1C66, 9— proclamation 
for procui'ing obedience to ecclesiastical author- 
ity, October 1 1th, 1666, 13. 

Sect. 2. Of the rising itself, 17 — council's let- 
ter to the commissioner, November 17th, 16C6, 
19 — proclamation against the rebels in arms, 
November 21st, 1666, 20 — council's act for de- 
fence of the country, November 21st, 16G0, 21 — 
declaration of those in arms for the covenant, 

1666, 25 — king's letter to the council, Novem- 
ber 24th, 1666, 27. 

Sect. 3. Of the executions of such as were 
taken, 35 — proclamation discharging the reset of 
the rebels, December 4th, 1666, 36 — process 
against captain Andrew Arnot, &c. December 
4th, 1666, 39 — commission for justiciary at 
Glasgow, December 1666, 51 — William Suther- 
land's declaration, 54 — association at Exeter, 
1688, 60 — association in the north of England, 
1688, ibid. 

Chap. II. Of the state and sufferings of pres- 
byteiians, 1667, 61. 

Sect. 1. Of the severities of the army, and 
forfeitures after Pentland, 62 — indictment 
against colonel WMllace, &c. 1667, 66 — process 
against colonel Wallace, 1667, 70 — process 
aijainst Caldwell, &c. 1667, 73 — commission to 
the laird of Houshill, October 12, 1667, 75— 
gift of Cakhvell's estate to Dalziel, July IKh, 
1670, ibid — remission to Robert Chalmers, June 
21st, 1669, 77. 

Sect. 2. Of the disbanding the army, bond of 
peace, &c. 80 — proclamation for bringing in 
arms, March 25th, 1667, 8? — proclamation for 
bringing in horses, I\Iarch 25th, 1667,84— coun- 
cil's'letter to the king, March 25th, 1667, 85 — 
proclamation about ministers, June 13th, 1667, 
86 — king's letter to the council about forfeitures. 
May 4th, 87 — king's letter to the council, Aug- 
ust 23d, 1667, 89 — king's pnidon and indemnity 
to those in the rebellion, October 1st, 1667, 92 
— council's act anent the indemnity, with the 
bond of peace, October Sth, 1667, 93 — council's 
act about the bond, 94 — instrument taken at 
subscribing the bond, December SOth, ]6(;7, 93 
— (council's orders to the army, November loth, 

1667, 97— act of council about the forces, Nov- 
ember 15th, 1667, 98. 

Chap. III. Of the state and sufferings of 
presbyterians, 1GC8, 100. 

Sect. 1. Of Sir James Turner and Sir William 
Ennnanfyne their cruelties, 101 

Sect. 2. Of the bond of peace, Mr Mitchel's 

attempt, &c. 105 — proclamation against rebels 
who have not accepted the indemnity. May 9th, 
1668, 108 — bond by the town of Edinburgh 
against conventicles, July 29th, I66S, 111 — Mr 
John Wilkie's examination before the council, 
July 28th, 1668, 113. 

Chap. IV. Of the state and sufferings of 
presbyterians 1669, 120. 

Sect. 1. Of presbyterians' sufferings before the 
indulgence, ibid. 

Sect. 2. Of the first indulgence, July 1669, 

Sect. 3. Of the proceedings of the parlia- 
ment this year, 136 — act anent the supremacy, 
November 1669, 137— act anent ministers, 1669, 

Sect. 4. Of other matters this year, 141. 

(.'hap. V. Of the state and suffering of pres- 
byterians 1670, 146. 

Sect. 1. Of the state of the indulged, and 
keepers of conventicles this year, 146 — procla- 
mation anent conventicles, I'ebruary 3d, 1670, 
150— letter to a minister, 1670, 134. 

Sect. 2. Of the actings of the western com- 
mittee, and other things, 139 — Mr John Men- 
zies' testimony, July 12th, 1670, 164 — letter 
from a meeting of ministers, 1670, 163. 

Sect. 3. Of the laws and acts of parliament, 
166 — act 2d, pail. 16'i0, anent deponing, 167 — 
act 3th, pari. 1670. anent field-conventicles, 169 
— act 6fli, pari. 1670, anent baptisms, 173— act 
7th, pari. 1670, anent separation, 174. 

Sect. 4. Of the accommodation proposed by 
bishop Leighton, 176 — bishop Leighton's pro- 
posal at Paisley, 181— counter proposal to the 
former, ibid. 

Chap. VI. Of the state and suffernigs of 
presbyterians, 1671, 182. 

Chap. VII. Of the state and sufferings of 
presbyterians 1672, 190. 

Sect. 1. Of the persecution of particular per- 
sons, 191 — decieet, king's advocate against Mr 
Duncan and the countess of Wigton, July 27th, 
1672, 193. 

Sect. 2. Of the laws and acts of parliament 
this year, 197— act 9th, pari. 1672, against un- 
lawful ordinations, ibid — .■xct 11th, jtarl. 1672, 
anent baptisms, 198 — act 12th, pail. 1672, anent 
the 29th of Rlay, 199— act 17th, pari. 1672, 
against conventicles, 200. 

Sect. 3. Of the second indulgence, Septem- 
ber 1672, 201 — declaration of his majesty's fa- 
vour or English indulgence, March 15th, 1672, 
2C2 — act 1st, anent the indulgence, September 
3d, 1672, 203— act 2d, September 2d, 1672, 205 
— act 3d, September 3d, 1672, ibid — grievances 
as to the indulgence, 207. 

X A 


Chap. VIII. Of the state anJ sufferings of 
presbyteriaTis 1073, 21 1— pi-oclaination against 
conventicles, April 2d, 1C73, 212— true narra- 
tive, &c. 217 — a short account of affairs from 
Scotland, November 1073,229 — Doctor Burnet's 
letter to Lauderdale, December 15th, 1G73, 232. 

Chap. IX. Of the state and sufferings of 
presbyterians 1074, 233. 

Sect I. Of the procedure against conventicles, 
238 — proclamation, June 18th, 1074, obliging 
heritors and masters for their tenants and ser- 
vants, 235 — act of council for apprehending the 
rebels, June IGth, 1674, 237— king's letter to the 
council against conventicles, June 23d, 1674, 
238 — act of council anent these pursued for field- 
conventicles, July 16th, 1674, 242. 

Sect. 2. Other occurrences this rear, 248 — 
Mr James INlitchel's libel, March 2d, 1674, 249 
— Mr Thomas Forrester's large paper, 253 — Mr 
Forrester's remarks on the synod's sentence, 
259— king's indemnity, March 24th, 1674, 260 
— presbytery of Paisley's sense of the overtures, 
274 — articles agreed on at the meeting of minis- 
ters, January 20th, 1675, 275 — exceptions by a 
particular minister, 276 — presbytery of Paisley's 
sense of the articles, 277. 

CffAP. X. Of the state and sufferings of 
presbyterians 1675,278. 

Sect. 1. Of the persecution of particular per- 
sons this year, 279 — council's act for a fast, July 
I5th, 1675, 280 — letters of intercommuning, 
August 6th, 1075, 286 — state of my lord Car- 
dross's process, 1675, 291. 

Sect. 2. Of some other particulars this year, 
295— Burnet's examination and declaration, 298 
— commons address against Lauderdale, April 
27th, 1075, 299 — king's ansveer, May 7th, 1675, 

CiiAP. XI. Of the state and sufferings of 
presbyterians 1676, 317. 

Sect. 1. Of the council's procedure. against 
presbyterians, 317 — proclamation against con- 
venticles, &c. March 1st, 1076,318. 

Sect. 2. Of the sufferings of particular per- 
sons this year, 326. 

Sect. 3. Of the circumstances of the indulg- 
ed, and other matters, 336. 

Chap. XII. Of the sufferings of presbyter- 
ians 1677, 345. 

Sect. 1. A general view of the state of pres- 
byterians this year, 346. 
* Sect. 2. Of "the sufferings of particular per- 

sons, 351 — Brae's examination, January 29th, 
1677, 353. 

Sect. 3. The council's procedure against con- 
venticles and presbytei'ians this year, 361 — coun- 
cil's proclamation, with the tenor of the bond, 
August 2d, 1677, 364. 

Sect. 4. Of the more immediate inlets to the 
Highland host, 370. 

Chap. XIII. Of the Highland host, and the 
sufferings of presbyterians, 1078, 378. 

Sect. 1. Of the commission, and other things 
preceding the Highland host, 379 — commission 
for raising the Higlilanders, December 20th, 

1677, ibid — commission to committee of council 
in the west, January 18th, 1678, 383. 

Sect. 2. Of the actings of the Highland host, 
and committee joined ■with them, 388 — minute 
of some reasons in law against the bond, 1678, 
392 — letter containing reasons against the bond, 
393 — Hugh M'Hutchison's paper upon his 
taking the bond. May 1078, 395 — proclamation 
against resetting tenants, &c. February 11th, 
1078, 398 — act for securing the public peace, 
February 14th, 1678, 400 — letter on the law- 
borrows, 1078, 402 — bond of relief to the magis- 
trates of Ayr, February 1678, 408 — proclama- 
tion for taking the bond in several shires, March 
13th, 1678, 417. 

Sect. 3. Of the damages done by the High- 
land host, 421 — instrument, dutchess of Hamil- 
ton against the earl of Strathmore, April 5th, 

1678, 430. 

Sect. 4. Of the things which followed till 
June 1678, 432 — true narrative of the proceed- 
ings of the council in the year 1078, 442 — obser- 
vations upon the true narrative, April 1678, 

Sect. 5. Of the process against INIr James 
Mitchel, 454 — defences, replies, and duplies, in 
Mr James Mitchel's process, 1678, 459— Mr 
James Mitchel's confession, February 10th, 
1674, 460. 

Sect. 6. Of the persecution of particular per- 
sons this year, 473. 

Sect. 7. Of the convention of estates, the cess 
and other things this year, 485 — proclamation 
for convention, May 28th, 1078, 486 — letter in 
defence of tield-meetings, June 1678, 487 — act 
and offer of 1,800,000 pounds by the convention, 
1678, 490 — king's letter with instructions about 
tile militia, with his letter about the oath and 
the tenor of it, December 19th, 1678, 493 — coun- 
cil's letter to the king on the popish plot, Nov- 
ember 30th, 1078, 502 — council's letter to Lau- 
derdale, November 30th, 1678, 603. 










The condition and circumstances of 
suffering presbyterians, it must be 
owned, alters a little under this period, from 
what it was during the former. For near 
six years after the restoration, that body 
of religious and loyal Scotsmen, underwent 
as much oppression and injustice, as would 
have put any almost but themselves, upon 
quite other methods than they took. Their 
legal securities for their reformation, and 
religious rights, were removed, their civil 
liberties taken away, their ministers scattered, 
and a company of men forced into their 
churches, whose practice and morals, as 
well as their doctrine, made them public 
nuisances. The prelates are brought in to 
lord it over their consciences; piety and 
serious religion is openly discountenanced, 
and all its followers almost put under the 
cross ; in short, a very barbarous military 
execution is made use o^ to force all down 
their throat ; and all liberty of petitioning 
and addressing against those evils, is dis- 
charged under the highest pains. Yet 
presbyterians silently bear all, and groan and 
mourn in secret, waiting and hoping, that 
Providence would open some door or other 
for their relief; and humbly praying, that 
the cry of their oppression might come up 
J I. 

to heaven, and the Lord would please to 
appear in their behalf. Their adversaries 
themselves being judges, nothing hitherto of 
rebellion or disloyalty can be laid to their 
charge; yea, it may be affirmed, that scaixe 
a greater instance of patience and modera- 
tion, can be given in any party in Britain. 
With the greatest temper they bore the most 
arbitrary finings, with the illegal and m.ilitary 
exaction of them ; the outing and confine- 
ment of their worthy ministers ; the calum- 
nious and invidious declarations, that their 
worshipping God was sedition, and the hitter 
prosecution, even unto death, of some of the 
best of their nobility, gentry, and ministers. 
Under all this they offered not to stir, till 
abused with military violence ; and even 
then, only sought redress of these grievances 
from their persecutors, whom they owned as 
lawful magistrates. True it is, they peti- 
tioned in arms; but then it was under a 
government, where petitioning, as well as 
defensive arms, were discharged as seditious. 
How little reason the advocates for passive, 
obedience have, to charge presbyterians with 
the guilt of rebellion, and resisting the king, 
in this period I am now entering upon, will 
best appear from the true and unbiassed 
accounts of matter of fact, now to be given ; 


iRffi ^^''>f^'"6 it will be evident, the rising 
which ended at Pentland, was both 
a plain fruit of the horrid oppression of the 
country, and a gathering in arms merely for 
self-defence, at first neither premeditated nor 
designed ; and all they had in view was a fair 
and just hearing of their grievances, as to 
their religious and civil concerns. I shall 
then begin this book with an account of that 
successless attempt for these good ends 
which is best known by its name, taken 
from its tragical end at Pentland. 



As far as I know, there hath been no full 
and distinct narrative of this business pub- 
lished as )'ct to the world; and therefore I 
shall be the larger in mine, and touch at 
some things which preceded this rising, and 
fell out the former part of this year. Then 
I shall essay as particular a relation as I can, 
of the rising itself, in its beginnings, progress, 
and dispersion, and end this chapter with as 
distinct accounts, as I can now give at this 
distance of time, of the persons put to death 
upon this score, and their carriage and 
Christian behaviour, waving very much what 
hath been already published to the world 
upon those heads. 

An account of the state of affairs during that 
part of the year \&QG, immediately preced- 
ing the rising at Pentla7id. 

In the former book I have brought down the 
accounts of the '^tate of this church, to the 
end of the year 1665, and one would think 
matters are so managed this year following, 
as if there had been a formed design to force 
presbyterians into violent measures and by 
oppression to make them mad. 

An act of council, December last, was 
hinted at, which I may here take in, as the 
occasion and foundation of some of the 
smaller branches of trouble not a few fell 


under this year. Beside the two severe 
proclamations already noticed, which were 
emitted December 7, 1665, I find another 
act in the registers, of the same date, which 
they term commission for discipline ; and I 
insert it here. 

" The lords of his majesty's privy council, 
considering how necessary it is for sup' 
pressing sin and disorder, that some fit 
persons be assisting to the minister in every 
parish, in the exercise of discipline; do 
therefore recommend to the several ministers 
of this kingdom, that they make choice of 
such a number as they shall think meet, of 
the most grave, sober, and discreet persons 
within the parish, to be assisting unto them 
in the exercise of discipline : commanding 
all persons, who shall be required by the 
ministers for that effect, to give their ready 
concurrence and assistance, as said is. And 
in case of refusal or delay, that the minister, 
after he hath acquainted the bishop of the 
diocese therewith, and has received his order, 
require, or cause require them to make their 
appearance before the brethren of the exer- 
cise ; and in case they refuse, or delay to 
compear, or compearing refuse to give their 
assistance, as said is, that the brethren of 
the exercise present their names to the 
bishop of the diocese, to be by him trans- 
mitted to the lords of his majesty's privy 
council, to the intent they may be proceeded 
against, according to their demerit, and as 
the case requireth. And for the better 
maintenance and supply of the poor, they 
recommend to the minister of every parish, 
and those assisting him in the exercise of 
discipline, where any such are or shall be, 
that they be careful to collect, and uplift 
the fines and penalties, formerly used to be 
uplifted by kirk-sessions, from scandalous 

Several very obvious reflections will offer 
themselves to the reader, from this act of 
council : the necessity and usefulness of that 
officer of Christ's institution in the Christian 
church, the ruling elder, very much opposed 
by the prelatists, is tacitly acknowledged, and 
a kind of equivalent is here erected, at the 
request of the prelates, though every waj', 
like themselves, a creature of the civil power. 
Here is likewise a direct attempt upon our 

CHAP. I.] 

Redeemer's prerogative, in bringing in new 
officers of their own framing, as assistants in 
discipline, one of the keys of the kingdom of 
heaven : and they are not pitched upon 
consentienfc plebe sacra, according to the 
primitive institution of these representatives 
and overseers of the Christian people, but to 
be pitched upon by the minister ; and every 
one who refuseth, is to be forced into this 
work by the secular power of the privy 
council. Which brings me to add, that the 
refusing to join with the curates in discipline, 
was matter of much sufi'ering to presby- 
terians. I could make it evident, that, in 
several places, gentlemen and others were 
pitched upon, and the episcopal minister is 
not tied up from any by the act, not from 
any desire that they should join with them, 
but with an eye to bring them to trouble. 
They knew real presbyterians would never 
fall in with them ; for it had been a renoun- 
cing of their principles, and falling in with 
the prelatical constitution. It is plain the 
act of council orders a kind of ordination by 
the prelatical presbytery ; and a subjecting 
unto this was a sort of incorporation with 
the hierarchy, and a great deal more than a 
simple presence at ordinances dispensed by 
the curates ; and some who submitted to the 
last, choosed to suffer before they would do 
the first. In the former book, some instan- 
ces of persecution upon this account, have 
been pointed at in the laird of Aikenhead's 
case, and that of others ; and I might now 
add James INIaxwel of Williamwood, whose 
sufferings will come to be narrated in the 
progress of this history. A ?e\v more instan- 
ces of hardships upon this head, may suffice 
in a case that was very general. 

Even before this act was made, in the 
year 1664, John Corsbie in Easter-cotes, 
in the parish of Cambuslang, was required 
by Mr. Cunningham incumbent there, to 
assist him in discipline ; and when he refused, 
upon the general laws about conformity, 
and encouragement of orthodox ministers, 
he was summoned before the council ; and, 
upon his noncompearance, was harassed by 
messengers, with caption against him, for 
many months, and forced to hide, and fre- 
quently to withdraw from his own house. 
Robert Hamilton in Spittal, in the same 



parish, was this year, 1666, perse- 
cuted on the same account; and 
from this to Bothwell bridge, he could scarce 
keep his own house with safety. He was 
put to the horn, and his house frequently 
searched and spoiled. William Alexander 
and William Baird in Drips, in the parish of 
Carmonnock, were fined in an hundred 
pounds each, because they would not assist 
the curate in discipline, in the parish of 
Cathcart. Gasper Tough in the parish of 
Kilmarnock, was much troubled upon the 
account of his refusal to join with the curate 
there. In the same town, Andrew Taylor, 
Wright, was fined in twenty merks, upon the 
same score. 

It was upon this account, amongst other 
things we have heard already, that the laird 
of Aikenhead, with some other gentlemen, 
were confined to Inverness, Elgin of Murray, 
and other places, at a vast distance from 
their houses and families. And it may not 
be amiss here to take notice of a letter, a 
copy of which lies before me, from Mr. 
John Paterson bishop of Ross, to his son,, 
afterwards archbishop of Glasgow, then 
minister at Edinburgh. It is dated this 
year, without the month. The bishop, 
among other things, desires his son " to 
acquaint my lord St. Andrews, that he looks 
upon the temper of the country about him 
to be very cloudy like. He complains of a 
friendship made up between Seaforth and 
Argyle, and of a change in many who pre- 
tended to be friends to prelacy when it was 
set up. He adds, that it is certain the 
westland gentlemen, who are confined to 
Elgin and Inverness, have done more evil 
by their coming north, by two stages, than 
they could have done in their own houses : 
they have alienated the hearts of many who 
were of another principle before ; they have 
meetings with our great folks, adds he, and 
are better respected nor any bishop in Scot- 
land would be. He begs these gentlemen 
may be recalled, that they spread not their 
infection any more; and adds, they are the 
staple of intelligence between the west and 
north, among the fanatic party ; and desires, 
that the primate may be acquainted of this, 
and make his own use of it, without his 
being seen in it." This letter discovers tn 



us, that these hardships put upon ! ministers as have not obtained presentations 

presbyterians, were ordered in pro- 
vidence forthe goodof theircommoninterest. 
I have many a time heard it observed, that 
Mr. Bruce, Mr. Dickson, and others, their 
confinement in the north, during the former 
times of prelacy, was no service done to the 
prelates : and those gentlemen's confine- 
ment, and that of several ministers since the 
restoration, was of no small use to the 
interests of liberty and presbytery there; 
and the good effects of their confinement 
are not yet at an end, and I hope never shall. 

As this council commission about discip- 
line was matter of trouble to not a few 
presbyterians, so the other proclamations 
emitted with it formerly, were a continuing 
fund of distress to the ministers lately turned 
out. Thus I find, towards the end of 
January, at the instigation probably of the 
bishop of Galloway, the council direct letters 
against the reverend Mr. John Welsh, Mr. 
Semple, Mr. Blackader, and others. And 
that the reader may see the grounds they 
went upon, and know the form of these 
public citations, which in a little time turned 
very common, I shall give them here from 
an original before me. 

" Charles, Szc. To our lovits, &c. greet- 
ing. Forasmeikle as it is humbly meaned 
and shown to us by Sir John Nisbet of 
Dirleton knight, advocate for our interest, 
and Sir William Purvis our solicitor, agent 
for church affairs, that where, notwithstand- 
ing of several laws and acts of parliament, 
the assembling and convening our subjects 
without our warrant, is prohibited and dis- 
charged, as a most dangerous and unlawful 
practice, under the pains against such as 
unlawfully convocate our lieges ; and that 
conventicles and unwarrantable meetings and 
conventions, under pretence and colour of 
religion, and exercise thereof, being the 
ordinary seminaries of separation and rebel- 
lion, are altogether unlawful ; and by several 
acts of parliament and privy council, pro- 
hibited and discharged; by the 1st act of 
the .3d session of the late parliament, it is 
declared, that the withdrawing from, the not 
joining with the public ordinary meetings 
for divme worship,is to be counted seditious ; 
by an express clause of the said act, all such 

and collations conform thereto, and all such 
as would be suspended or deprived, and yet 
should dare to presume to exercise the 
ministry, are to be punished as seditious 
persons : likeas, divers acts of parliament, 
viz. the IS-lth of our grandfather James VI. 
of worthy memory, pari. 8th, it is statute 
and ordained, that no person of whatsomever 
function, or degree, or quality, shall presume 
to take upon hand, privately or publicly, 
in sermons, declamations, or familiar con- 
ferences, to utter any scandalous speeches 
to the reproach of us, our privy council, 
and proceedings ; or to meddle with the 
affairs of state, or to deprave our laws and 
acts of parliament or council, or to traduce 
or reproach our royal estate and government, 
under the pains contained in the acts of 
parliament against makers or tellers of 
leasings. And by the 1st act of our royal 
grandfather king James, pari. 8th, Mr. 
George Buchanan his book (De Jure Reg?!!) 
is condemned, as containing sundry offensive 
matters worthy to be delete ; and the havers 
of the said book are ordained to bring in 
and deliver the same, under the pains therein 
mentioned : nevertheless, true it is and of 
verity, that the persons after mentioned, 
viz. Mr. John Welsh late minister at Iron- 
gray, Mr. Gabriel Semple late minister at 
Kirkpatrickof the Muir,Mr. John Blackader 
late minister at Traquair, Mr. Robert 
Archbald late minister at Dunscoir, Mr. 
Samuel Arnot late minister at Kirkpatrick 
Durham, Mr. John Douglas late minister 

at , Mr. Alexander Pedin late 

minister at , Mr. William Reid late 

minister at , Mr. John Wilkie late 

minister at , Mr. John Crookshanks and 

John Osburn in Keir, having been formerly 
ministers at the respective places above men- 
tioned, and not having obtained lawful pre- 
sentations and collations, conform to the said 
act of parliament ; and they or either of them 
being suspended or deprived, at least pretend- 
ing to be ministers, and not authorized and 
lawfully admitted by public authority, to any 
charge within this kingdom, at least being per- 
sons disaffected to our royal authority and 
government, and the government of the 
church as it is now established by law ; and 

CHAP. I.] 

in main contempt of our authority, and the 
laws and acts of parliament foresaid, have, 
and yet do still presume to keep conven- 
ticles and private meetings, and presume to 
preach, and in their sermons and conference 
traduce, reflect upon, and declare against 
authority, and the government civil and 
ecclesiastical, as it is established by law in 
church and state; and do not only withdraw 
from the ordinary and public meetings for 
divine worship, but do most seditiously> 
by their practice and example, and by 
their speeches and discourses, seduce, and 
endeavour to withdraw others from the 
same. And particularly the said Mr. John 
Welsh does presume frequently, at least 
once every week, to preach in the parish of 
Irongray, in the presbytery of Dumfries, 
and himself, and these who frequent his 
conventicles, do convene together, armed 
with swords and pistols; at the which 
meetings he also baptizes children that are 
brought to him by disaffected persons ; and 
Qt some times he comes into the- sheriffdom 
of Ayr, especially at the latter end of July 
last, and did keep a conventicle at Galston 
Muir, where he baptized many children, 
namely, a child of Andrew Boyes merchant 
in Kilmarnock, and of Alexander Mitchel. 

Likeas, the said Mr, John did keep 

another conventicle at Shirraland in Plim- 
nick parish, about the 1st of November last, 
where be baptized the children of James 
Mowat in Kilmarnock, John Claig in Dib- 
land, James Gall, and many other persons. 
As also, upon the 11th of July last, he kept 



the stewartry of Kirkcudbright. 
Also, the said Mr. John Biackader 
has ofttimes convened great numbers of the 
parish of Glencairn, and the neighbouring 
parishes, sometimes to the number of a 
thousand and upwards, and continues so to 
do every Lord's day ; at which meetings he 
frequently baptizes the children of ail dis- 
affected persons. And siklike, the said Mr. 
Robert Archbald does frequently keep con- 
venticles and meetings in several places, and 
thereat did baptize children. As also, the 
said Mr. Alexander Pedin did keep a con- 
venticle at Ralston, in the parish of Kilmar- 
nock, about the 10th of October last, where 
he baptized the children of Adam Dickie, 
Robert Lyoiburner, and many others ; as 
also kept a conventicle in Craigie parish, at 
the Castie-hili, where he baptized the children 
of William Gilmor in Kilmarnock, and 
Gabriel Simpson, both in the said parish, 
and that besides twenty-three children more; 
both which conventicles were kept under 
cloud of night, with a great deal of confusion: 
as also the said Mr. Alexander rides up and 
down the counti-y with sword and pistols, 
in gray clothes. And also, the said Mr. 
John Crookslianks does not only frequent, 
keep, and hold conventicles, contrary to the 
foresaid laws and acts of parliament, but 
does avowedly keep by him that book called 
Buchanan De Jure Regni, which he has trans- 
lated out of Latin into English, intending 
thereby to infuse and poison the people 
with treasonable and seditious principles, 
contained in the said book. As also, the 
said John Osburn does presume to take 

another conventicle in the same place, where 

he baptized the children of John Chalmers, I upon him to be an officer for giving notice 

John Dickie, and David Currie. And also to the people of the said unlawful meetings. 

the said Mr. Gabriel Semple did keep a 
conventicle at Achmannock, where, amongst 
many others, he baptized a child to John 

and accordingly, from time to time, doth 
acquaint them herewith. B}' which whole 
deeds, generally and particularly above 

Guthrie in the parish of Newmills ; and written, the said persons, and each one of 

siklike, kept another conventicle at Labroch- them having incurred the pains and penalties 

hill, in October last ; as also does frequently prescribed by the laws and acts of parliament 

ride to the country in disguise, with sword above specified, which ought and should be 

and pistMs, calls at the houses of dis- 
affected persons,-to see what children there 
is to be baptized, and so appoints a place 
for their meeting : and this he does, not 
only in the sheriffdom of Ayr, but also in 
many places of the shire of Nithsdalc, within 

inflicted upon them, to the terror of others 
to commit the like in time coming : our will 
is herefore, and we charge you straitly, and 
command, that incontinent, thir our lettefs 
seen, ye pass, and in our name and authority 
command and charge the persons particularly 


._„„ above complained upon, at the 
market cross of Kirkcudbright, 
Dumfries, market cross of Edinburgh, pier 
and shore of Leith, in regard they are latest, 
and keep themselves out of the way, that 
they may not be apprehended, and have no 
certain constant residence or dwelling, but 
do travel and walk up and down the country 
from place to place ; to compear personally 
before the lords of our privy council, at 
Edinburgh, or where it shall happen them 

to be for the time, the day of 

to answer to the premises, and to hear and 
see such order taken thereanent, as apper- 
tains, under the pain of rebellion, and put- 
ting of them to the horn : with certification 
if they failzie, our other letters shall be 
direct, to put them simpliciter thereto. And 
siklike, that ye charge the witnesses under 
written, not exceeding the number of ten 

persons to compear personally before 

our said lords, the said day and place, to 
bear leel and soothfast witnessing, in so far 
as they know, or shall be spiered at them, 
in the foresaid matter, under the pain of 
"rebellion ; with certification to them in man- 
ner above written. The whilk to do we 
commit to you conjunctly and specially 
our fidl power, by thir our letters, delivering 
them by you duly execute, and indorsed 
again to the bearer. Given under our signet, 
at Edinburgh, the 25th day of January, and 
of our reign the 18th year, 1666. 

" Ex deliberatione dominorum secreti 

" Pet. Wedderburx." 

Those letters were formed upon informa- 
tions taken at random, and therefore must 
not be reckoned proof of matters of fact 
advanced in them j and what I remark here 
would be carried along by the reader, to 
many of the general charges against suffering 
ministers, and others which follow ; such of 
them as could with safety appear, disproved 
most of what was informed against them. 
In the case before us, 1 only notice, that it 
was a falsehood here insinuate, that Mr. 
Welsh, or any of those reverend ministers 
preached or declared against the king's 
authority. Such declarations were yet 
strangers in Scotland for many years : when 

[book II. 

and how they came in, will afterwards coir.e 
to be declared. 

About this time the council come to some 
good resolutions against quakers and papists, 
who, as hath been observed, increased 
mightily since the overturning of presby- 
terian government in this church. We have 
seen, that a good while ago orders had been 
given about them, and letters writ to the 
bishops ; and, February 1st, the council agree 
to the report of the committee made that 
day, and renew their appointments on the 
clergy. The snljstance of what I find in the 
registers, is, " that excom.municate quakers 
be proceeded against conform to acts of 
parliament : that in order to a libel's being 
formed against Andrew Robertson, and 
Anthony Haggat, quakers in prison, orders 
be direct to such ministers as can bring in 
information against them, to bring in the 
same to the king's advocate ; and that 
particularly Mr. Thomas Donaldson bring 
what informations, writings, books, or papers 
they have anent the said quakers, or any 

others : that Radburn, and Charles 

Ormiston, merchants in Kelso, be brought 
in prisoners to Edinburgh." 

" As to papists, that the laws and acts 
made against them be put in execution; and 
in order thereto, that a list of the whole 
papists be taken up by the minister in every 
parish, and an account given who are excom- 
municate, who not, who have interest in the 
parish, and who are vagrant and trafficking 
papists; that the lords archbishops recom- 
mend it to the bishops, that they cause the 
minister of every {)arish, or moderator of 
the presbytery where churches are vacant, 
to send in their lists with all diligence : 
that the magistrates of Edinburgh search 
after any meetings kept by papists in Edin- 
burgh, Canongate, or any of their liberties, 
and delate their names to the council : that 
a list of all excomnnuiicate papists be given 
to the lords of session, that they may affix 
in the most patent place a roll of their 
names, that they may be debarred from 
defending or pursuing any cause before 

All this, as far as I can find, came to 
nothing ; quakers and papists still increased, 
and it was only presbyterians whom the 

CHAP. I.] 


clergy were in earnest about, during this 
reign, and they are borne down with the 
greatest violence. Thus, upon the 8th of 
February this year, the council emitted a 
proclamation against a book published by 
one of the banished ministers in Holland 
last year, intituled, an " Apolegetical Relation 
of the Particular Sufferings of the Faithful 
Ministers and Professors of the Church of 
Scotland, since August 1660." I have added 
it in a note.* This book is ordered to be 
burnt by the hand of the hangman, in the 
High Street of Edinburgh. All who have 
any copies are ordered to give them up to 
the next magistrate by such a day; and 
after that, if any have them in their pos- 
session, they are to be fined in two thousand 
merks. This method, now so common, did 
not answer the end proposed, for people 
ran the more greedily after such prohibited 
books; but the managers who could not 
permit their evil works to be brought to the 
light, and were not in case to answer plain 
matter of fact, had no other way but this of 
the papists left them. 

* Proclamation against the Apologctical Nar- 
ration, February Sth, 1660. 

The lords of his majesty's privy council, con- 
sifleriiig that by divers ancient and laudable laws 
and acts oCparUament, and particularly the 10th 
act, 10th pari, the l3Uh act, Sth pari, ot king 
James VI. of blessed memory, and by several 
other laws and acts, the authors, printers, ven- 
ters, or disposers of infamous and scandalous 
libels, are putiishable by death, confiscation of 
moveables, and divers other high pains and 
punishments; and the said lords being informed, 
that there has been a pamphlet, of the nature 
foresaid, imported, "an Apologetical Narration 
of the Suffering Ministers of the Kirk of Scot- 
land, since August 1660," wliich is printed and 
dispersed into several parts of this kingdom; 
and upon examination and perusal thereof, is 
found to be full of seditious, treasonable, and 
rebellious principles, contrived of purpose to 
traduce the king's authority and government, 
the proceedings of the late parliament, and the 
king's privy council, contrary to the truth of 
the protestant religion, as it is protest within 
this kingdom, and established by law; and there- 
by to seduce the lieges from their allegiance and 
obedience, and to strengthen the disaffected in 
their rebellious principles, tenets, and practices. 
Therefore, and to vindicate the honour of this 
kingdom, and to witness and declare, that such 
principles and tenets, as are contained in the said 
pamphlet, are detested and abhorred by them, 
as treasonable and seditious, and are contrary to 
the laws of this kingdom, and destructive to the 
king's authority and prerogative royal, under 

The same day I find 



say, relict of the reverend Mr. James 
Guthrie, and Sophia Guthrie her daughter, 
are brought before the council, merely be- 
cause the foresaid book was foimd in their 
custody, although as yet no law was against 
it ; and one needs not wonder they should 
have a book in their hands, which gives so 
just an account of so near a relation of theirs 
as Mr. Guthrie. Upon their refusing to 
declare upon oath, what they knew as to the 
author of the book, and to discover from 
whom they received it ; the council sentences 
them both to be sent to Zetland, there to 
be confined during pleasure, and to be kept 
close prisoners till they were sent there. 
The next council-day, March 2d, I find the 
members so sensible of the harshness of this 
sentence, that upon a petition presented 
from those two gentlewomen, craving their 
confinement may be altered to some place 
upon the continent, the matter is referred 
to the commissioner, to do as he finds 

In the beginning of this year, presbyterian 

which this kingdom hath flourished for many 
ages, and that they may show how much they 
abominate such tenets and principles, they ordain 
that upon the 14th day of February instant, the 
said pamphlet be publicly burned on the High 
Street of Edinburgli, near to tlie market-cross, 
by the hand of the hangman ; and that all 
havers of any of the said pamphlets, residing 
besouth the water of Tay, shall bring in and 
deliver the same to the sheriffs of the respective 
shires, or their deputes, to be transmitted to the 
clerk of privy council by them, betwixt and the 
last day of February instant ; and benorth the 
said water, betwixt and the 21st day of March 
next : with certitication, that if thereafter any 
person of whatsomever degree, quality or sex 
they shall be of, shall have any of the said 
printed cojiies in their custody or possession, 
that they shall be liable in jjaymeiit of tlie sum 
of two 'thousand pounds Scots money, to be 
exacted without any favour or defalcation. A nd 
further, if they or any other person shall be 
found hereafter to be contriver, abetter, or 
assister to the making up, printing, publishing, 
or dispersing of the said seditious pamphlets, 
that they shall be proceeded against as authors, 
printers, importers, venters, or dispersers of 
seditious and infamous libels, and all pains and 
penalties made against them, shall be inflicted 
without mercy ; and ordain the magistrates of the 
town of Edinburgh, to cause burn one of the 
copies of the said pamphlets, ia manner foresaid ; 
and these presents to be forthwith printed and 
published at the market-cross of Edinburgh, 
and other places needful, that none pretend 



,cco ministers naa some connivance, 

1666. . . ' 

and were permitted to live in their 

hired houses, when turned out of their livings. 
The call of the importunate multitude, was 
not yet so great as afterwards, and generally 
they only preached to their own families, and 
a few neighbours who now and then stole into 
their houses. Field preachings, unless it 
were in some few places in the south, where 
the people would not hear the curates, w ere 
but very rare. The meetings of the epis- 
copal ministers in cities and towns, except 
where they were openly profane and vicious, 
were as much frequented as they could well 
expect. Indeed evils grevv among them, and 
their impertinent and reproachful sermons, 
their open share in the cruelties and op- 
pression, which we shall heai* of, with their 
lewd lives, quickly after this altered matters. 
At this time, if they could have been satisfied 
with the numbers of hearers they had, 
many thought they might have enjoyed their 
churches longer than they did : but they 
would have as throng churches, as the 
presbyterian ministers formerly had ; and if 
regard to their persons and sermons could 
not procure hearers, it is resolved, terror, 
force, and fear shall. 

Mr. Alexander Burnet, at this time arch- 
bishop of Glasgow, was the great manager 
of the west country persecution, and the 
better in case for this, that last year he was 
admitted a privy counsellor. To give every 
man his due, he was certainly one of the 
best morals among the present clergy ; yet 
his Simoniacal compact for his regress to his 
bishopric, after he had been turned out, as 
•we may hear, was but little for his reputa- 
tion. He was a mighty bigot for the Eng- 
lish ceremonies and forms, and as forward 
to have all the usages of that church intro- 
duced to Scotland, as if he had been educated 
by bishop Laud; yea, to have his fancy 
pleased with these pageantries, he could 
have almost submitted to the old claim of 
the see of York over the chiu-ch of Scotland. 
At his first diocesan meeting, he put five or 
six of his curates publlc!3'in orders after the 
English pontifical to inure the west of 
Scotland to these novelties. To make good 
the remark I foraierly made, that imposition 
in matters of religion goes hand in hand w ith 


oppression in civil matters; and prelacy and 
popery in Scotland, pave the way for slavery; 
he was so grievous an oppressor of the city 
of Glasgow, that the greatest malignants, a?- 
the friends of prelacy in Scotland were 
formerly called there, were obliged to pro- 
test against his encroachments upon the 
magistracy in that city- He turned out 
several of the presbyterian ministers, who 
had been connived at in their charges before 
his accession; such as Mr. William Hamilton 
minister at Glasford, in the shire of Lanark,, 
and others. His underlings, especially those 
consecrated according to the foreign forms,, 
were vigorous instruments in helping forward 
his cruelties and oppression of the country ;. 
and many of the severities this year, were in 
the bounds of his archbishopric. 

This spring Sir James Turner makes a 
third visit to the presbyterians in the west 
and south, and it was the severest visitation 
they yet felt. Now the curate, with two or 
three of Sir James's soldiers, fined whom 
they pleased, and made their exactions as 
large as they would. Their severities the 
former years were mostly upon the common 
people; but now the gentleman must pay, 
if his lady, servants, or tenants, were not 
exact in their attendance on the incumbent's 
sermons. The tenant must be oppressed if 
his landlord withdrew, though he and his 
family attended closely. The widow, the 
fatherless, the old and infirm, are not spared;, 
the poor must beg to pay their church fines. 
The meat is snatched from the innocent 
children's mouths, and given to the soldiers' 
pleasure dogs. Many houses were quartered 
upon, till all the substance was eaten up, 
and then the furniture is sold or burnt. 
Thus multitudes of poor families were scat- 
tered, and reduced to the last extremity. 
If any complained to the officers, of the 
illegal and barbarous procedure of their 
soldiers, they were beaten ; if to the states- 
men, they were neglected. It was said, 
some of our noblemen at this time, were so 
far wearied of the merciless methods of 
the prelates, that they appeared very little 
careful how odious they rendered themselves. 
Indeed, if the bishops were formerly hated for 
their perjury and profaneness, every merciful 
and ingenuous man now loathed their cruel 

CHAP. I.] 

and unrelenting temper ; and their own prac- 
tices did them a great deal more hurt than 
all the field-meetings, and preachings, in 
houses privately, were capable of doing. In 
a few weeks the curates and soldiers gath- 
ered upwards of fifty thousand pounds Scots 
from the west country, precisely for their 
nonconformity. The prodigious sums ex- 
torted in the south of Scotland about this 
time, are set down in Naphtali, and I shall 
not resume them here : only the reader who 
hath time to bestow upon those things, will 
find a letter from a person of good note in 
the south to his friend at Edinburgh, with 
an annexed account of the general sums, 
and particular instances of oppressions. I 
have some ground to think the paper I have 
may be an original, taken by a worthy person 
employed to draw this account from the 
particular parishes ; and so I have annexed 
it, as that from which the account in Naph- 
tali is perhaps taken.* 



Another kind of fines exacted this 
year, to complete the misery of tlie 
poor country, were those imposed by Middle- 
ton, in his second session of parliament, of 
which above : the payment of those was 
suspended from time to time, till Middleton 
was turned out. A little after, as we have 
seen, they were divided into two moieties, 
and a day assigned for the payment of the 
first. Some who were able, and well in- 
formed of the hazard of delays, paid the first 
share, and got their discharge; but a good 
many others did not. At length a procla- 
mation comes out, ordering all to pay the 

whole fine imposed against the day of 

this present year ; and the council remit it 
to the commissioner the earl of Rothes, to 
take his own way to collect the fines. His 
method was this : the troopers of the king's 
guard are ordered to different parts of the 
country, especially in the west and south, 
where most of the fined persons were, with 

• Letter from a gentleman in Gallowai/. 


Your desire to know the prosent condition of 
this afflicted country, hath ottered me occasion 
to procure you some account of the grievous 
sufTerings of several parishes, especially witliiu 
the stewartry of Gallowaj', upon the account of 
not submitting to the government of prelacy, 
and such preachers as are thrust in upon them 
hy it. Sir, any thing I can say here, is but a 
hint in comparison of what might be found 
upon a more full search ; yet the little vie^v 
that is given you here, 1 suppose is well 
instructed from the particulars of every family 
and person who suffered in these parishes, 
though (for shortness) I have sent you only the 
sum of the whole in each parish. Truly, Sir, 
though I be no fanatic, nor favourer of fanati- 
cism, yet I cannot hut be deeply affected, not 
only as a Christian, hut as a man and member 
within this kingdom ; for these things that are 
fallen out here, seem to import, not only the 
breaking of some of that party called fanatics, 
but the quite undoing of a considerable part of 
this kingdom, and putting them out of all 
capacity to be serviceable in the necessary 
defence of the rest, against the invasions of a 
foreigti army, when we are so often threatened : 
for in these bounds generally all men (without 
difference) are disobliged, and discouraged from 
doing any service in that sort, if there should be 
occasion offered, I wish a due impression upon 
you also, and every one who minds the general 
good of the land, and chiefly our rulers, upon 
■whom are the managing of affairs under his 
majesty, that remedy might be found out for 
preventing the weakening and destroying our 
fHvn selves, especially now when we are in haz- 
ard from our enemies abroad : but it is a sad mat- 
ter that no man dare represent his grievances or 
complain of wrongs done to him or his interests, 


lest he be ill looked on, and put himself in 
hazard of greater sufferings, as several here have 
found by sad experience, for complaining to the 
commanders. The first ot these sufferings was 
begun the year 1G03, about mid JMay, when the 
forces came into Dumfries and Kircudbright. 
The second was in the year 16(35, when the 
party, horse and foot, came in under the com- 
mand of Sir James Turner. The third was in 
this present year 1666, about the month of 
March, or beginning of April, when the party 
came in under the command of the said Sir 
James Turner, who yet continues in the coun- 
try. At the first two times, the stewartry of 
Galloway mainly suffered by them, but in this 
last expedition, not only Galloway, but also the 
sheritt'dom of Nithsdale hath suffered, (of both 
which I have sent you a short account here 
enclosed.) First, as to their grievous exactions 
from that people, who were but poor before this 
time, in comparison of other parts. Next, you 
will find some instances of several of the soldiers' 
inhuman, and also atheistical deportment, in 
these bounds. I could have sent you likewise 
account of many stumblingblocks the people 
have from their present preachers, whom they 
call curates, both as to their abrupt entry, and 
contrary their consent ; and as to the light and 
unsober conversation (of the most part of them) 
^vherever they come, as also their insolent and 
unbeseeming carriage in pulpit : but I forbear in 
this, lest I trouble you with tediousness, there 
are so many instances of this sort; and it is 
needless, seeing they are so notour to all men in 
these bounds: only (to make you laugh) I must 
add one, before I proceed, which is certain. 
One of these called curates, on a certain Sabbath, 
inveighing against his people that they did not 
keep the kirk, he threatened them after this 
mnniier, " God zior 1 1)c hanged over the balk of 
that kirk ;" and at another time, " God nor 1 be 


lists, till they had paid to the utmost farthing. 
With these severe orders, a new snare was 
added further to corrupt the country ; any 
who would take the oath of supremacy, and 


lists of those from whom they were 

to uplift such and such sums. The 

gentlemen of the guard were commanded to 

take free quarters in the houses of all in their 

hanged ovf^r this pulpit, but I shall gar you all 
(•(line in from tht; highest to the lowest." By 
these things, you may easily guess it' these men 
be fit to travel in the weighty work of the 
ministry, or that they can either gait) love or 
authority among the people, for all the business 
that is made to bring theni to subjection. Sir, 
I hope you will not question but 1 am a lover 
of his majesty's interest, and the country's good, 
having giving some proof of this in former times ; 
but considering the carriage of these men, and 
of them who are employed at this time to bring 
the peoi)le to conformity, lam far mistaken if 
either the one or the other be fit instruments 
f(!r persuading others to tlieir duty either to 
God or man ; yea, I am apprehensive that the 
way which is taken, shall prove a mean of 
strengthening that people in their former prin- 
ciples, and reuderiiig episcopacy, bishops, and 
such preachers, more hateful to liiem than ever 
before, rather than bring them to a cheerful 
submission ; and others who shall hear of the 
very deplorable case of this country, cannot but 
be'iriduced b^th to compassionate them, and also 
grow in more dislike of the course now carried 
on. And to speak the truth, it seems, there 
could not have been a more expeditious way 
found out for weakening that cause of confor- 
mity, and strengthening that cause of those who 
now suffer; yea, I dare say, it hath done as 
much to this purpose, if not more, than all the 
preachings on the hills and in houses, by tile 
casten out ministers. This people are weakened 
in their estates indeed, but consirmed in their 
opinion. It is palpable tiiat the intended con- 
formity cannot be gained by such extreme 
dealing, but rather marred; and will not the 
report of this rigid dealing, (v/hich cannot Ije 
hid) have influence ujion all those of their 
judgment, to alienate them the more from the 
course ? I confess, this considei'ation is like to 
have little weight with some covetous soldiers, 
(employed here) assuming to themselves an arbi- 
trary power to prey upon a desolate people for 
their own private gain ; but I expect that judi- 
cious and unbiassed men, Avho tender the good 
of the country, and liis majesty's interest therein, 
-will lay this to heart, and" take their best way to 
represent it to our rulers, for remedy in the 
matter, and moving their compassion toward a 
poor people, that have i'ew to speak for them. 
Sir, I shall detaiji you no longer from reading 
this enclosed relation, but tendering my respects 
to your wife, I rest. 


Yoiu' humble sciTant. 

Follows that brief relation of this country's 
sufferings, wl.ich I promised you in my letter, 
wherein tit is is enclosed, in which you have set 
down, 1. The eiuimerate sums of money. 2. 
Some general aggravations. 3. Some p;a-ticu- 
lar instances. 

J. The parish of Carsfairn, forty- 
nine families, in that called 
kirk-firips, has sufi'ered f';e 
Jocsof . . . L.4,S64. 17 4 

2. In the parish of Dalrj', forty- 

three families, . . L. 

3. In Balmaclellan, forty-nine 


4. In the parish of Balmaghie, 

nine families, 
b. In Tungland parish, out of 

two or tln-ee poor families, 
G. In Twynam parish, from 

some poor persons, 

7. In Borg parish, out of twenty 


8. In Cirton parish, out of nine 

poor families, 

9. In Anvvith parish, from some 

po(rr families, 

10. In Kirkpatrick-durham ]>ar- 

ish, out of thirty-four 
inconsiderable families, 

11. In Kirkmabreck parish, some 

few families, 

12. In Monygaff, three families, 

13. In Ivirkcudbright, eighteen 


14. In Lochrutton parish, out of 

thirty-seven poor fainilies, 
notwithstanding they want 
a minister 

15. In Traquair parish, twelve 

poor families, 
IG. In Kells parish, 

17. In Corsmichael parish, 

18. In Parton parish, from 

twenty-four families, 

19. In Irongray parish, forty- 

two families, . 

In the sheriffdom of Nithsdale, or 

1. In the town and parish of 

Dumfries, from fifty-one 
families, was exacted the 
Sinn of . . . 

2. In the parish of Kirkmaho, 

from twenty poor families, 

3. In Dunscore parish, from 

fourteen families, 

4. In Glencairn jjarish, from 

























2,225 16 


















4,617 15 
1,341 6 
1,411 13 
2,146 14 

The total ofthese sums extend to L. 51, 675 13 4 

Besides all these abovenamed sums, which 
are instructed in every particular parish, 

1. There are six or seven parishes in the 
stewartryof Galloway, and fourteen iu the sher- 
iffdom of Nithsdale, of whom I have received 
no particular account as yet, but you may ju<lge 
the lion by his paw. 

2. Besides the sums abovenamed, it, is to be 
considered, that the great expense of quartering 
is not received in the most part of the parislies 
abovenam-ed, which would make a great addition 
to the former sums; but it cannot well be 

3. Besides that which they have gotten out 


subscribe the declaration openly in any court, 
had the half of the fine remitted, as had 
been concerted last jear; and such who hatl 
no latitude for those, must have the whole 
enacted with the utmost rigour. Through 
the west and south, multitudes were obliged 
to pa}- the whole, yea much more. Noble- 



.nlrcady, tliere are sovpi-nl persons that have not 
got their fines, and others their cess-money, as 
yet paid; but is to be exacted. 

4. That several of the poor people (through 
fear) have i;iven out <!iv(>rs times buds and bribes 
in money and other things, to some oitii-ers 
and soldiers, for ki'i-ping cess and quarter oft 
them, which notwithstanding profited little or 

5. Tiiat all these forementioned stuns are, 
by and attour all the fines, imposed by the state, 
which, ^vitliin tlie stcwartry of Galloway, upon 
ninety-one, extends to the sum of 
^'17,860 ; and in tlie sheriffdom of Nithsdale, 
upon forty-one persons, extend to ^'29,260; 
wbi(^h being laid together, the parliament fines 
within the stewartry of Gallowav, and sheriff- 
dom of Nithsdale, ex"tend to £77,120; and that, 
besides the expenses of cess and quarter for 
the fines themselves, for several persons, was 
put to pay near as tnuch more cess as their fines 
came to besides quarter. 

6. That by and attour all the foresaid losses, 
there are many families fwhose sums are not 
here reckoned) in probability totally ruined, 
and many others scattered already; for instance, 
in Lochrutton, a little parish, 1 fii;d to be reckon- 
eil to be above sixteen familes utterly broken. 
In Irongray parish, the most part of the families 
put from house-keeping alrer.Jy, the soldiers 
having violently taken away, both tliere and 
elsewhere, from several families, the thing tliey 
should have lived on, even to the leading away 
of their hay-stacks. I forbear to set down the 
rest of the broken and ruined families, until I 
can give you a more distinct account: only I 
can tell you in the general, that titter ruin, to 
the most part of the families in this countrj', is 
like to be the consequence of these grievous and 
intolerable impositions ; and also, to my certain 
knowledge, there are several gentlemen who 
formerly were well to live, that are now put 
from house-keeping, and forced to wander; yea, 
ofttime to be beholden to others for a night's 
lodging, the soldiers having possessed themselves 
in their houses, cattle, plenishing, bams, &c. 

7. Ordinarilj', wherever they come to quarter 
they do not rest content with sufficiency, but 
set themselves to waste needlessly ; at some 
times send for sheep off tlie hill, and cast whole 
bulks of them to their hounds and ratches : also 
by treading and scattering corn and straw, they 
and their pedies at their pleasure, and usually 
saying, We came to destroy, and we shall destroy 

8. They have this for an ordinary use, that 
when they have eafen up the master or landlord, 
they fall next upon thepoor tenants to eat them up 
also ; j-ea, though they were never so conformed 
to hearing, &c. whereof I could show many 
instances, which I cannot for shortness. Also 
in other places, when they have consumed the 

men, gentlemen, and commons, 
when the troopers came to their 
houses, if they had not the monej', went 
presently and borrowed it, and gave it them : 
but this was not all, they must go to Edin- 
burgh, and report their discharge, and when 
there, satisfy the troopers over and above. 

tenant, they have fallen upon the landlord; this 
they did in Kirkmahoe upon a gentleman, who 
(for ought I know) conforms" all the length 
they press him to as yet. 

9. It is observed every where in that country, 
that these who have conformed, and are obedient 
to the laws from tlie beginning, and others who 
have conformed of late, do no less suffer than 
those wlio hold out to the last: yea, s(>me in 
several parishes, who have given subjection to 
what is demanded, have suffered more than 
some who have given none, which has produced 
an universal discontent and outcry in this coun- 
try ; and many husbands here who yield obe- 
dience to the full length, are punished'by fining, 
cess, and quarter, lor their wives' not obedience; 
aiul ye know. Sir, that is sad, for there are 
many wives who will not be commanded by 
their husbands in lesser things than thij; but 1 
must tell you that this hath occasioned much 
contention, fire, and strife in families, and 
brought it to this height, that some wives are 
found to flee from their husbands, and seek a 
shelter elsewhere, and so the poor goodman is 
doubly punished for all his conformity. 

10. It is specially to be considered, that 
besides all which this country hath suffered 
hitherto, the soldiers are sent forth through the 
country again, and fine, cess, and quarter is 
imposed of new upon the same persons and fami- 
lies who were fined before, yea. upon some it is 
doubled and trebled. I have lately heard that 
some yeomen are fined in five hundied merks, 
besides, the gentlemen in six or seven hundred 
pounds. I cannot sec what shall be the fruit 
of these things, except utter ruin to their 
worldly estates. 

11. That all the papists that are in this 
country, none of them are troubled, except it be 
very few, and these inconsiderable persons, who 
are fined in some feckless thing for the fashion. 

12. Wherever the soldiers come to quarter, 
they ordinarily hinder, or else interrupt the wor- 
ship of God in families, by their threatenings 
and blasphemous expressions ; yea, the poor 
people are so straitened that scarcely they have 
liberty to call on God in secret places, hut they 
are punished by those men, and cruelly mocked, 
to the constant grief, vexation, and disquiet of 
those upon whom tliey are quartered. 

13. Notwithstanding of all these impositions 
upon that people, and aggravations of their 
sufferings above mentioned, yet the people are 
commanded to take a bond, wherein (besides all 
the parti('ular obligations required in that bond) 
is contained an acknowledgment, that the com- 
mander of that party has dealt civilly and 
di-icreetly with them. 

The particular instances wli'ch follow Jn the 
antogi'aph are not inserted, because they are 
pretty much evinced with those already printed 
in Nupbtali. 


,„„P This was called riding-money ; and 
sometimes the riding-money was as 
much as the fine itself to the common sort. 
No excuse was sustained, but the taking 
the foresaid oath, and the subscribing the 
declaration before the day prefixed in the 
proclamation. This few complied with, as 
contrary to their principles and conscience : 
so that the uplifting of these fines, as well as 
those for precise nonconformity, was un- 
doubtedly persecution for conscience' sake, as 
well as a most arbitrary and illegal imposition 
in its own nature. Some offered to abide a 
trial at law, as being free from all acts of 
rebellion, which, as we have heard, was the 
pretext of the imposing the fines, and to re- 
nounce ail benefit by the king's indemnity. 
This seems indeed to be allowed in the act of 
parliament, but would not be received by the 
soldiers ; all must pay. Such who could 
neither entertain the troopers, nor command 
the money required of them by the act of 
fines, were straightway haled to prison, where 
not a few lay a considerable time at the king's 
charges : and so great was the poverty many 
were reduced to by such measures, that the 
troopers, when they met with a beggar* in 
their way, would ask in a jest, if he were 
fined. Most part of the sums imposed by 
the parliament were fully exacted ; and for 
them I refer the reader to the list given in 
the first book. I find discharges under Sir 
William Bruce's hand, for the payment of 
six hundred pounds by Alexander M'Tier 
merchant in Stranraer, and Patrick Ken- 
nedy late provost there, yet remaining, of 
the date of April 1666. And that the 
reader may see their form, I have insert a 
copy of Sir William's discharge to Walter 
Stuart in Linlithgow, a pious and good 
gentleman, father to the present Walter 
Stuart of Pardivin, from the original com- 
municated to me by the last named worthy 

" I Sir William Bruce of Balcaskie knight, 
clerk to the bills, and by the king's 
special warrant appointed his majesty's 
receiver of the fines imposed by the 
parliament assembled at Edinburgh the 
9th day of September, 1662 years, 
grant me by thir presents to have re- 


ceived from Walter Stuart in Linlith- 
gow, the sura of six hundred pounds 
Scots money, and in complete payment 
of the second half; and in full and 
complete payment of his whole fine 
laid on him by the said parliament, and 
discharge him thereof: consenting thir 
presents, &c. In witness whereof I 
have subscribed thir presents at Edin- 
burgh the 5th day of March, 1666, 
before thir witneses, &c. 

" W. Pruce. 

" James Kennoway, witness, 

" Robert Stuart, witness." 

Vast were the sums exacted at this time ; 
and the collector of the parliamentary fines, 
though formerly a person of a broken fortune, 
came to buy an estate, and build a sumptu- 
ous house. Our managers thought to have 
divided these spoils among themselves ; each 
party, when in power, looked on them as 
theirs ; first Middleton and his dependants, 
who imposed them, and then Lauderdale 
and his party, who uplifted them : never- 
theless, both missed their aim, and bishop 
Sharp outwitted them both ; and within a 
little, they were by the king's orders applied 
to the payment of the army, we shall hear, 
was raised at his instance. 

When things are thus ripening very fast 
towards confusions in the country, the pri- 
mate posts up to court, and must have his 
hand in bringing matters to an open ruptui e. 

* Some particidars of this visit of the primate 
to London, that seem to have been unknown to 
our author, are related by Burnet, and are too 
characteristic to be passed over here. " The 
truth is," he remarks, " the whole face of the 
government looked liker the proceedings of an 
inquisition than of legal courts : and yet Sharp 
was never satisfied. So lord Rothes and he went 
up to court in the first year of the Dutch war. 
When they waited first on the king. Sharp put 
hiiii in mind of what he h;\d said al Ins Icist 
parting, that if their matters went not well, 
none must be blamed for it but either tlie earl 
of Lauderdale, or of Rothes : and now he came 
to tell his majesty that things were worse than 
ever, and he must do the earl of Rothes the 
justice to say, he had done his part. I^ord 
Lauderdale was all on fire at this, but durst not 
give himself vent before the king. So he only 
desired that Sharp would come to particulars, 
and then he should know what he had to say. 
Sharp put that off in a general charge, and said 
he knew the party so well, that if they were not 


6^^-^/'^/^ m ci - 'Pay.. 



rnhlishcd hu JJla/rkw. Fidlaj-trn. I- C Glasamt'. 
ami A Fullark')) X- C" f':diniinroh JS27 



The high commission was now dissolved, 
and in room of that, some other method 
must be fallen upon to advance his odious 
designs. No way was now left, but that of 
violence, which was not disagreeable to his 
haughty and proud temper. Accordingly 
he proposeth a standing army in Scotland, 
to bear down presbyterians, and cut their 
throats, when many of them were now im- 
poverished as much as was possible : at 
least he hoped, this would force them to 
extremities, and then, under the colour of 
law, he would see his desire upon them- 
The king is prevailed upon to fall in with 
his proposal, and gives orders to levy an 
army for guarding the prelates, executing 
arbitrary commands, and suppressing tlie 
fanatics. Thomas Dalziel of Binns is made 
general, a man naturally rude and fierce, 
who had this heightened by his breeding 
and service in Muscovy, where he had seen 

supported by secret encouragement, thoy would 
have been long ago Tveary of the opposition they 
gave the government. The king had no mind to 
enter further into their complaints. So lord 
Rothes and he withdrew, and were observed to 
look very pleasantly upon one another as they 
went away. Lord Lauderdale told the king 
he was now accused to his face, but he would 
(juickly let him see what a man Sharp was. 
So he obtained a message from the king to him, 
of which he himself was to be the bearer, 
requiring him to put his complaints in wj'iting, 
and to come to particulars. He followed Sharp 
home, who received him with such a gayety 
as if he had given him no provocation. Uut 
lord Lauderdale was more solemn, and told him 
it was the king's pleasure that he should put 
the accusation with which he had cliarged him 
in writing. Sharp pretended he did not com- 
prehend his meaning. He answered, the matter 
was plain, he had accused him to the king, and 
he must either go through with it and make it 
out, otiierwise he would charge liim with 
leasing-making, and spoke in a terrible tone to 
him. Upon that, as he told me, Sharp fell a 
trembling and weeping; he protested he meant 
no harm to him; he was only sorry that his 
friends were upon all occasions pleading for 
favour to fanatics (that was become the term 
of reproach). Lord Lauderdale said that would 
not serve his turn : he was not answerable for 
his friends except when they acted by directions 
from him. Sharp offered to go presently with 
him to the king, and to clear the whole matter. 
Lord Lauderdale had no mind to break openly 
with him. So he accepted of this, and carried 
him to the king, where he retracted all he had 
said in so gross a manner, that the king .said 
afterwards, lord Lauderdale was ill-natured to 
press it so heavily, and to force Sharp on giving 
himself the lie in such coarse terms. 

"This went to Sharp's heart; so he made a 
proposal to rhe earl of Dumfries, who was a 


little but the utmost tyranny and ,„„. 
slavery.* Wm. Drummond, brother 
to the lord jVIadertie, a person some more 
polite, and yet abundantly qualified for the 
work in hand, being many years in the 
Muscovite service with the former, was 
made lieutenant-general. Two regiments of 
foot, and six troops of horse, are raised. 
The first is given to the general, the 
other to the lord Newburgh ; the troops 
are bestowed on duke Hamilton, earls of 
Annandale, Airly, Kincardine, and others. 
Those, with the guards, and the earl of 
Linlithgow's regiment, made up about three 
thousand foot, and eight troops of horse, 
a sufficient number to serve the prelates' 
violent designs. All were ordered to obey 
the general, without asking questions : and 
this army is to be maintained from the fines 
collected, and to be collected, and the 
general is to count with the exchequer for 

great friend of the lord MIddleton's, to try if a 
reconciliation could be made between him and 
the earl of Rothes, and if he would be content 
to come into the government under lord Rothes. 
Lord Dumfries went into Kent, whei-e the 
lord Middleton then employed in a military 
command on the account of the war, and he 
had Sharp's proposition laid before him. The 
earl of Middleton gave lord Dumfries power 
to treat in his name, but said, he knew Sharp 
too well to regard any thing that came fnnn 
him. Before lord Dumfries came back, Sharp 
had tried lord Rothes, but found he would 
not meddle in it; and they both imderstood 
that the earl of Clarendon's interest was 
declining, and that the king was like to change 
his measures. So when lord Dumfries came 
back to give Sharp an account of his negotiation, 
he seemed surprised, and denied he had given 
him any such commission. This enraged the 
earl of Dumfries, so that he published the thing 
in all companies; among others, he told it very 
particularly to myself." — Burnet's History of 
his Own Times, pp. 311, 312. 

The above is an exceedingly graphic descrip- 
tion of these parasitical plunderers, who were 
alike faithless to God, to their king, and to one 
another. — Ed. 

* This barbarous tool of tyranny, so much 
celebrated for his loyalty, was descended from 
the family of Carnwath, and born about the 
year ]59t). He appears to have been bred to the 
military profession, and was a staunch adherent 
to Charles L for whom he commanded at 
Carrickfergus, in Ireland, and was there taken 
prisoner in the year 16.50. The following year 
he was made prisoner at the battle of Worcester, 
and carried to the Tower, whence he made his 
escape and fled to the continent, after which iiis 
estiites were forfeited, and he was exempted from 
the general act of indemnity. He was recom- 
mended by Charles II. for his eminent courage 
and fidelity to the king of Roland, and by the 

l4 Tn:-: histohy of 

„r. evcrv fartlun:: of them. Thus the 
scheme is laid above. 

The war with the United Provinces con- 
tinuing, as likewise with France and Den- 
mark, upon the 8th of June the council 
issue a proclamation for a fast ; which, being 
much in the same form we have already seen, 
I do not insert. It was penned b}' the 
bishops, and has this remarkable turn in it. 
" We having great and eminent experience 
of the assistance of Almighty God, whose 
protection and favour, after keeping a solemn 
day of fasting and humiliation, we have 
implored, and upon this great occasion, find- 
ing that the renewing of the same may move 
Almighty God to continue his favour." 
Which some at that time thought too great 
a compliment paid to the last fast, consider- 
ing the nature of the victory obtained, as 
also to this, which was observed the second 
Wednesday of July, in the south, and the 
third Wednesday, in the north side of the 
water of Esk. 

At the same diet the council arc impor- 
tuned by the bishops, to do something further 
in oi'der to corrupt the youth. Accordingly 
I find this act in their books. 

" The lords of his majesty's privy council 
considering, that before the beginning of the 


late troubles within this kingdom, no scholars 
were admitted to colleges or universities to 
receive degrees, or the name of the master 
of arts, till they first took the oath of 
allegiance, and that the practice of that 
necessary duty, hath not for many years 
been in observance ; yet it may be of most 
dangerous consequence, that any should be 
admitted to receive degrees, v.hereby they 
may be fitted and qualified to serve in church 
or state, except they be such as are content 
to give evidence of their loyalty : wherefore 
the said lords have discharged, and hereby 
do discharge all masters, regents, and teach- 
ers in universities and colleges, to laureate, 
or admit to degrees, any of their scholars, 
till first they take the oath of allegiance: 
and recommend it to the archliishops and 
bishops to see this act receive due obedience 
within their respective bounds." Remarks 
have been made formerly upon acts of this 
nature; and I shall only now add, that I 
can find no instances of this oath's being 
imposed in Scotland, but when prelacy was 
in the church. 

Upon this encroachment upon universities, 
I may add another upon the ro} al burghs. 
Upon the 13th September, the council send 
a missive to the tov/n of Ayr, signifying, it 

Czar of ]Miiscovy, undpr whose l)annpr he fought 
against the Turks and Tartars, was promoted 
to the rank of ^'eiieral. After the restoration, 
he returned tn his native coiuitry, bringing 
}ih>ng with him hoiiouraiile testimonials of 
hravery and good conduct in his Turkish and 
Tartar eainj>aigns, and was thus early selected 
to enforce the sanguinary decrees by which it 
was attempted to establish prelacy in Scotland. 
He was a man eminently qualified for the 
service, being I'elentless, and cruel in the highest 
degree ; abundant instances of wliich the reader 
■will meet with in the course of this history. 
The following is a portrait of this hemi ideal of 
modern toryism, drawn evidently by one who 
was his admirer : — 

" He was bred up very hardy from his youth, 
both in diet and clothing. He never wore 
boots, nor above one coat, which was close to 
his body, with close sleeves like those we call 
jockey coats. He never wore a peruke, nor did 
he shave his bi ard since the nuu'der of king 
Charles I. In my time Ills head was bald, 
which he covered only with a beaver hat, the 
brim of wiiich was not above three i!ich:>s broad. 
His beard v/as white and bushy, and yet 
re.ched down almost to his girdle. He usually 
■went to London once or twice a year, and then 
only to kiss the king's hand, who had a great 
esteem for his worth and valour. His unusual 
dress and figure when he was in London, never 

failed to draw after him a great crowd of boys 
and other young peojile, who constantly attended 
at his lodgings, and follovi'ed hi;n with huzzas 
as he went to court or returned I'rom it. A.s he 
was a man of humour, he would always thank 
them for their civilities when he left them 
at the door to go in to the king, and would 
let them know exactly at what hour he intended 
to come out again and return to his lodgings. 
NVhen the king walked in the park, attended 
by some of his courtiers, and Dalziel in his 
company, the same ci'owds would always be 
afSer him, showing their admiration of his 
beard and dress, so that the king could hardly 
pass on for the crowd, upon which his majesty 
bid the devil take Dalziel for bringing such 
a rabble of boys together to have their guts 
squeezed out, while they gazed at his long beard 
and antic habit, requesting him at the same 
time (as Ualziel used to express it), to shave and 
dress like other Christians, to keep the pooi^ 
bairns out of danger. All this could never 
prevail on him to jiart with his beard ; but yet, 
in compliance to his in:'jesty. he vvcnt once to 
court in the very height of the fashion. I'ur as 
soon as tlie king and those about him had 
laughed sufficiently at the strange figure he 
made, he sesumetl his old habit, to the great joy 
of the boys, who had not discovered him in 
his fashionable dress." — Kirkton's History of 
the Church, &c. note, p. 220. — Ed. 




is their pleasure, that provost Cuningham I which I have insert,* as being un- ,^„- 
be continued this year also, as he was, by | reasonable in the statutory part of 

their orders, the last ; and it is signified to 
the town, that obedience is expected. The 
letter is signed St. Andrews, who now 
almost always presides in the council. The 
royal burghs have likewise a letter sent to 
each of them, ordering them to send in to 
the clerk of council the declaration appointed 
by parliament, signed by all the members of 
their town-council and magistrates, since 
the last returns were made : and letters of 
the same nature are writ to the sheriffs and 
justices of the peace in each shire. 

A letter is sent down from the king to the 
council, dated October 1st, no question pro- 
cured by bishop Sharj), if not formed by him. 
It deserves a room here, and it is as follows. 

" Right trusty, Szc. Vie greet you well. 
Upon complaint made to us of the great 
disorders in the church, and of the insolent 
keeping of unlawful conventicles in that our 
kingdom ; after advice from these to whom 
we thought fit to refer the consideration of 
these growing evils, and fitting remedies to 
them, we think now it necessary to require 
you, to take special care that the laws 
and acts of state be vigorously prosecuted 
against all contraveners, and with greatest 
severity' against those who are known to be 
most pernicious adversaries to the peace of 
the church. As also, that by act of council 
you enjoin, that all heritors and landlords 
be obliged, and made answerable for their 
tenants and servants living orderly, and not 
withdrawing from ordinances, and not keep- 
ing conventicles ; and that for that end, 
they be empowered and required to remove 
them, if need be, and that a remedy may be 
provided where they have tacks, or are 
rentallers ; and magistrates of burghs to be 
answerable ibr their inhabitants, who reside 
within their respective liberties for the space 
of six months and upwards. So expecting 
an account of this from you, we bid you 
heartily farewell. Whitehall, October 1st, 
166G. " Lauderdale." 

Upon this is bottomed the rigorous pro- 
clamation published the 11th of the same 
month, entitled, " proclamation for procur- 
ing obedience to ecclesiastical authority," 

it, and what was a pattern for most part 
of their acts and proclamations afterwards^ 

* Proclamation for procurinrj obedience to eccle- 
siastical authority, October llth, 1C66. 
Charles, by the grace of God, king ot Great 
Britain, France, and Ireland, delViKii'r of the 
faith, to macers of our privy 

council, and m.^ssengcrs at arms, our sliei itt's iii 
that part, coiijuriclly and severally, spc<iiilly 
constitute, j(reetiiig : Forasiiiucli a.s by the lirst 
act of the third session o( our late ijarlianieiit, 
entitled, Act against separation and disobedience 
to ecclesiastical authority, it is recommended to 
the lords of our privy ('ouricil to take speedy and 
effectual course that the said act, enjoining obe- 
dience to the government of the church, as it is 
now settled by law, receive due and ready obe- 
dience from all sulijects; with power to them to 
decern and inflict such censures, penalties, and 
corporal punishments as tliey shall think tit, 
upon the contraveners. and dire(!t all execution 
necessary, for making the same eti'ccf u,il, atid to do 
every other thing needful I'or procming obedience 
to the said act, and putting the same to ]iunctual 
execution, conform to the tenor and intent 
thereof. And by divers other acts of parliament 
and council, made against papists, quakers, and 
other disafi'ected persons, they are commanded, 
under great pains and penalties, to frequent the 
ordinances, In hearing sermon, and jiartaking of 
the sacraments, and all other acts of public 
worship, at tlieir own parish chiurhes, and not 
to keep any private meetings or conventicles: 
nevertheless, tlie said acts have not received tiiat 
vigorous execution and obedience in some parts 
of the kingdom, which might have been given, 
if masters of families, heritors, and landlords 
in the country, and magisti'ates within burghs 
royal, had been c*tret>jl and zealous in their 
stations in procuring obedience from their ser- 
vants, tenants, and inhabitants, over w-hom they 
liave power and jurisdiction : so that it is more 
than high time to prevcut the increase and 
spreading of these disorders, -which, by evil 
examj)le, miaht poison and infect these that are 
yet sound in their principles, and well aii'ected 
to our governn^.ent. Our will is herefore, and 
we charge you straitly, and command, that 
in(;ontinent, these our letters seen, ye pass to 
the market-cross of Eilinburgh, remanent head 
burghs of the several shires and other places 
needi'ul, and there, by open proclamation, in our 
name and autlirrity, command and charge all 
masters of families that fhey cause their domes- 
tic servants, grieves, chamberlains, and others 
entertained by them, to give oltedience to our 
laws foresrtid, and acts of council ; and |)articu- 
larly that they frequent the public worship aiid 
ordinances at their own parish churches, and 
participate of the sacraments, and abstain from 
all conventicles and, private meetings, arsd tliat 
they retain none in tlieir service but sucl) as 
they will be answerable for ; and in case ol'their 
disobedience, that they remove them out of their 
service immediately after ititimation tliereof by 
the minister of the parish: as also, that all heri- 
tors, landlords, and liferenters, who have granted 
any tacks ••.r rentals to their tenants, which are. 
yet standing nnexpired, cause their tenants and 
rentallers give sutficient bond and surety for 


,„„„ and a great foundation of violent 

lODO. . 

persecution ; yea, it was so far 
beyond the council's power, that after- 
wards it was found needful, ex post 
facto, to confirm it by a parliamentary au- 
thority. In the narrative it is alleged, the 
parliament, by their act against separation, 
give the council power to do all in this 
proclamation ; but it will be evident, by a 
comparison of the two, the council go 
beyond the power committed to them. All 
masters are charged to see that their servants 
give obedience to all acts anent conformity, 
and keep none in their service but such as 
do so ; all heritors, &c. are to see to their 
tenants' conformity', and their abstaining 
from conventicles, and cause them give bond 
for this effect ; and in case of refusal, raise 
letters of horning against them, and the 
escheats thereby falling into the king's hand, 
are given to the heritors ; and if the tenants 
who refuse be moveable, that they be eject- 
ed, and no new tacks be given, without 
security for conformity. Magistrates of 
burghs are to take the same method with 
inhabitants; and, in case of contravention. 


masters, heritors, and magistrates are made 

obeying the said acts of parliament and council, 
and specially for frequenting public worshipand 
ordinances, as said is, and abstaining from pri- 
vate meetings ; and if need be, that tliey raise 
letters under the signet of our privy council, and 
charge them, i\ir that effect, upon six days, and 
in ease of disobedience, to denounce them to our 
horn, and registrate the same ; for which end, 
warrant is given to direct letters in their name 
against all and sundry their tenants and rental- 
lers : and we do declare, that we vi'ill give and 
bestow the escheats falling to us by the said 
hornings, upon the landlords and setters of these 
tacks and rentals, in so far as may be extended 
thereto ; recommending hereby to our treasurer- 
principal, and treasurer-depute, and others of 
our exchequer, to grant the same accordingly: 
and in case the tenants be removable, and refuse 
to give obedience, that they warn and pursue 
them to remove, and obtain decreets of ejection 
against them ; and that no heritor, landlord, or 
liferenter, set their lands hereafter to any person, 
by word or writ, but to such as they will be 
answerable for, as said ; and that they take sure- 
ty from them by provisions and obligements to 
be insert in their tacks, or otherwise by bond 
apart, in case there be no writ, that the said 
tacksmen, rentallers, and all others their hinds, 
cottars, and servants, who shall live under tlieni 
upon thesaid lands, shall give obedience in man- 
ner foresaid ; otherwise that their tacks, rentals, 
and whole interest, right and possession shall be 
void and expire, ipso facto, as if they had never 
been granted, and that without any declarator 

liable to all the penalties of the contraveners. 
The unreasonable hardships in all this need 
not be exposed ; it is an excellent footing 
for a standing army to act upon. 

Besides the fines which were anticipated 
for other uses, and pretty much pocketed 
before they came to the general's hands, it 
was found necessary new burdens should be 
laid upon the country for the support of 
the army, in executing this and the former 
severe acts obliging to conformity : and so 
I find, November 8th, this year, a proclama- 
tion issued out for calling a convention of 
estates, to raise money for maintaining the 
soldiers in the defence of the kingdom. 
Their sitting was, for some time, prevented 
by the confusions which just now fell in. 

By all these impositions, encroachments, 
and terrible exactions, the spirits of many 
came to be imbittered, and the common 
people turned almost desperate. They had 
been imposed upon dreadfully as to their 
religious concerns ; and the civil government 
now join issue with the bishops and their 
underlings. Scotsmen have ever been im- 

or further process, and then as now, and now as 
then, that they shall renounce all right that 
thej' shall have thereto, and shall remove them- 
selves without any warning; and in case of fail- 
ure, the landlords and others are to charge and 
denounce them in marmer foresaid. As like- 
wise, that all magistrates of royal burghs take 
special care and notice, and be answerable, that 
their burgesses and inhabitants be obedient to 
the foresaid acts of parliament and council, and 
that they cause charge such of them, as they 
shall think fit, and are suspected, to give bond 
and surety, as said is ; and for the magistrates' 
own relief, in case they contravene, and if they 
fail, to denounce them in manner foresaid : 
with certification, that all masters of families, 
landlords, and magistrates of burghs, who shall 
not give punctual obedience in manner above 
written, that they shall be liable to the same 
pains and penalties due to the contraveners, but 
prejudice always of proceeding against the con- 
traveners themselves, and inflicting the said 
pains, and all otheri)ains contained in any act of 
j>arliamrnt or council heretofore made against 
papists, quakers, and persons disobedient : certi- 
fying also all concerned, that the lords of our 
privy council will not only take special care to 
secure the public peace, but also to discover 
all secret attempts and designs to disturb the 
same, and to punish all persons that shall be 
found guilty, according to the quality of their 
olFence. And ordains these presents to bo 
printed and published, that none pretend igno- 

CHAP. I.] 

patient under tyranny, and tlie wonder is 
not great, that after so much patience, less 
than they were under did drive them to 
extremities. The common peo[)le being glad 
of any thing that looked like a present 
respite, are soon moved to undertake, though 
many times their undertakings are as much 
unconstant as they are ill concerted. How- 
ever, they wanted not provocation at this 
time : as the religious rights of the church 
are overturned, so the civil liberties of 
Scotland are like to be well looked to 
be a standing army in time of peace ! and 
the best part of the kingdom oppressed in 
order to maintain it. Our reformation is 
broke in upon, and liberty and property taken 
away. The more knowing and prudent were 
silent in this evil time, and yet under the 
greatest fears and apprehensions what would 
be the end of those things. The common 
people were disposed to take any probable 
course to get from under their sad burdens ; 
and yet all this year, things went on very 
smoothly till November, when fortuitously, 
and without any concert, the gathering of 
the oppressed country began, which made 
so great a noise, and afterwards proved a 
handle of heightening their miseries. The 
account of this I come to give in the next 

A short historical account of the beginnings 
and progress of the -rising in Galloway, 
and its dissipating at Pentland, November, 

This rising being so unexpected and sudden, 
and no journals of it kept, any accounts of 
it that can be now given, must be very 
lame : what follows is mostly taken from a 
narrative a person of good sense and probity 
gathered about this time, from conversa- 
tion with some of the most knowing of 
this small handful of people; and the coun- 
cil registers, and other papers come to my 

Sir James Turner and his soldiers, con- 
tinued to make terrible havoc in the west, 
and especially the south. That country v.'as 
made a wilderness, and well righ ruined ; a 



great many families were scattered, 

and not only the common people, 
but persons of better note, gentlemen and 
others, were forced to flee their houses, and 
lurk in mosses and mountains, and other 
coverts, of many of whom the world was 
not worthy ! these had nothing like resisting 
the king's forces in view, but were silently 
groaning under their oppressions, till a very 
small matter kindled this fire, and an un- 
foreseen accident gave a beginning to this 

Upon Tuesday, November 13th, 1666, 
four countrymen, after great hardships, and 
long fasting in their wanderings, came to the 
small country village of Dairy in Galloway, 
to get a little refreshment :* upon the high 
way, a little from that place, they accident- 
ally met with three or four soldiers, driving 
before them a company of people, neighbours 
to a poor old man in that place, who had 
fled from his own house himself, in order to 
oblige them to thrash out the poor man's 
corns, that of them they might make money 
to satisfy for his church fines, as they were 
now termed. This troubled the four honest 
men very much, yet they passed by the 
soldiers, and came to the house they design- 
ed. When there they are taking a little 
refreshment, information is brought them, 
that the soldiers had seized the poor old 
man, brought him to his house, and were 
going to strip him naked, and set him upon 
a red hot gridiron upon which bread used 
to be baked, and were using unheard of 
torture and barbarities toward him. Where- 
upon they resolve to "do what in them lay, 
to relieve the poor man their fellow-sufferer; 
and presently come to the house, and ear- 
nestly entreated the soldiers to let him go, 
and desist from their severities. Two of 
the soldiers were with the man himself, and 
refused the countrymen's desire, and some 
high words paaeed betwixt them : upon the 
hearing of which, the other two rush out of 
another room where they were, with drawn 
swords, and make at the countrymen, and 
had almost killed two of them. Thereupon 

* One of these ivas M'Lellan of Barscob, 
afterwards forfeited, who the other three were 
we have not discovered. — JEd, 



one of them discharged his pistol, 
loaden, as I am told, with tobacco- 
pipe, all the ball they had, and hurt one 
of the soldiers. This quickly made the 
rest ) ield, and the countrymen disarmed 
them, and made them prisoners; and the 
poor old man is hap[)ily delivered. 

Now the countrymen are engaged, and in 
as great hazard as they could well be. They 
knew they would be reckoned rebels, and 
therefore resolve to go through with it, and 
stand to their own defence the best way 
they might. There were about a dozen of 
soldiers, in another place of the same parish 
of Dairy, about the same work of oppressing 
the people for their church-fmes : lest these 
should come and destroy them, they resolve 
to prevent them; and that night seven or 
eight more country people join the first four, 
and to-morrow morning early, they went 
and surprised the party of soldiers. All of 
them quietly rendered their arms, except 
one, who making resistance, was killed. 

By this time they might be assured of 
very terrible reprisals, and all the revenge 
Sir James Turner was capable to make, who 
was now at Dumfries, some sixteen or 
eighteen miles distant: therefore the iaird of 
Barscob, and some other gentlemen near by, 
now joined with the countrymen, knowing 
the whole country would be made equally 
guilty, and perfectly destroyed, resolve to 
be beforehand with Sir James; and gather 
together about fifty horse, and a few foot, 
and, without any loss of time, upon Thurs- 
day, November 15th, march straight to Dum- 
fries, There they surprise Sir James Turner, 
make him prisoner, and disarm all his 
soldiers, without doing hurt to any of them, 
save one, who, upon his violent resistance, 
was wounded. When this was done, in 
their abundant loyalty they went to the 
cross of Dumfries, and publicly drank the 
king's health, and prosperity* to his govern- 
ment ; for which they had very indifferent 
thanks. Such was the beginning of this 
insurrection, an occasional tumult upon a 
sudden fray, never thought of till it began. 
I am told, the person who seized Sir James 
was Andrew Gray, merchant in Edinburgh, 
accidentally in the country at this time 
about his business : he left them very soon, 


as did many others;* yet so many of them 
kept together with Sir James their prisoner, 
as were the beginnings of the little army 
which was a gathering. Galloway had suf- 
fered most, and the oppression there was the 
beginning of the quarrel ; yet, while they 
continued there, their numbers were very 
small, not exceeding three hundred men. 
Indeed divers worthy gentlemen and heritors 
joined them. 

* This Mr. Andrew Gray, according to Mr. 
Andrew Symson, minister of the parish of 
Kirkiinier, as reported by Kirkpatrick Sharps, 
Esq. in a note to Kirkfon's Ilistory of the 
Churi;h of Scotland, " retired with the money 
an<l baggage he had got at Dumiries so quietly, 
tliat he was never seen by aiij' of his own party 
after that." Kirkton's History, ]\'oie, p. 232. 
Burnet states, that "there was considerable cash 
in liis [Sir J. Turner's] hands, partly for the 
pay of his men, partly ot the fines which he had 
raised in the country that was seized ; but he to 
whom they trusted the keeping of it ran away 
with it." History of his Own Times, vol. i. 
p. 342. These statements, however, seem to be 
without foundation. Andrew Gray met with, 
and held a conversation with Col. Wallace, on the 
Monday after having deserted his party, " and 
though Wallace," says he, "perceived that An- 
drew liad come off in a pet, he gives not the 
smallest hint that he had been guilty of any 
unfair dealing." We also find him after this an 
exile at Newcastle, in company of a number of 
liis fellow sufferers, and sharing along with 
them the bounty of Mr. William Veitch, who 
had been in the rising at Pentland, though not 
at Dumfries, and must have known it, Imd any 
such circumstance as the above taken jdace.^ 
Memoirs of Mr. William Veitch, and Notices 
of the Rising at Pentland, by Col. Wallace, 
edited by Dr. Al'Crie, pp. 49, S9l. 

I\Ir. John Blackader, who has given a very 
minute detail of the seizure of Sir James Turner, 
says, " a party was sent up to search his rooms, 
and bring down his papers and trunks which 
were much emptied, having sent the money he 
had exacted in oppression to Glasgow before, 
as I heard say, in some loads." Irom all the 
circumstances of the case, we think it pretty 
evident, that Gray took offence at being pre- 
vented by Neilson of Corsack from shooting 
Sir James Turner, and from the moderation of 
its commencement, augured an unhappy con- 
clusion to the enterprise which he did not choose 
to witness. Indeed, after the party had demon- 
strated the extent of their chiu'ity by giving 
quarter to Sir James Turner, and the depth of 
their loyalty by drinking the health of king 
Charles at the cross of Dumfries, we do not see, 
acting with consistency and common sense, any 
thing that remained for them to do, but each to 
make the best of his way home, and to pay what 
fines might be imposed upon him, or to surrender 
his life, should it be required, with what grace 
he could, for he was evidently not yet prepared 
for that desperate resistance, nor armed with 
that immovable daring which is necessary for 
bursting the chains of slavery, and breaking the 
iron rod of the oppressor.— •i'o?. 

CHAP. I.] 

By the council-records I find, that upon 
November 16th appeared before them at 
Edinburgh, Steven Irvine, bailie of Dumfries, 
and gave information of " an insurrection by 
a considerable number of armed men ; and 

declared he saw Neilson of Corsack, 

M'Lellan of Barscob, Mr. Alexander Robert- 
son a minister's son, M'Cartney of 

Blaiket, and James Galium, glover in Dum- 
fries." This surprising account put the 
bishops, and managers at Edinburgh into a 
terrible fright ; and an express is sent up 
to court in all haste. Tlie commissioner 
Rothes took journey to London, to receive 
his instructions with relation to the conven- 
tion lately indicted to meet at Edinburgh, a 
day or two before the countr^'men's attempt 
at Dairy. The council's flying packet reach- 
ed the king before him. When the earl had 
waited upon the king, and received from his 
majesty the account of what the council 
termed a most horrid conspiracy, he was 
perfectly stunned, and could scarce credit it. 

Jointly with this express to court, the 
council writes letters to the earls of Annan- 
dale, Galloway, Kilmarnock, Glencairn, Cas- 
sils, and Lothian, the lords Drumlanerk, 
and Newbottle, and Sir Gilbert Eliot, signify- 
ing that upon information of a rising in arms, 
in or near the places they were concerned 
in, they were to order the king's forces to 
march towards the rising ; and in the mean- 
time they expect they will do all they can to 
maintain the peace, and concur with, and 
support theforces,when they come." Signed, 
" St. Andrews." — Next day, the council 
meet again, and order general Dalziel, with 
as many of the forces as he can, to march 
to Glasgow, and from thence to the place at 
which he shall hear the insurrection is come 
to any head. And meanwhile, the guards 
of the town of Edinburgh are doubled, and 
the names of all the lodgers are ordered to 
be immediately given up. Likewise they 
write a letter to the commissioner, giving 
an account of the rebellion. I have inserted 
it from the registers, in a note.* The better 

* Council's letter to the commissioner, November 
nth, 1666. 
May it please your g^-aee, 
The lords of his mnjcsty's privy council, hav- 
ing received information of some risings, and 


yet to secure the metropolis, upon 



the 19th of November, the council 

make this act. " Considering the necessity 

of securing the town of Edinburgh, from ail 

appearances of disorders in Kirkcudbright and 
other places adjacent, have thouj^ht it their duty 
to give his majesty tinious notice tliereof, and 
that orders are given for suppressing of the same, 
which tliey do hereby offer to your grace to be 
presented to his majesty. Yesternight one of 
the bailies of Dumfries came hither, and inform- 
ed, tliat on Tliursday last, towards the break of 
day, about fourscore of horses in arms, and also 
many foot, entered the town of Dumfries, and 
having about one hundred and fifty foot without 
the town, did set guards to the magistrates' 
houses, and invaded the liouse where Sir James 
Turner was, seized upon his person, carried him 
from his bed to tiie streets, and tlnough tlie 
town, and at last carried him away with them. 
The bailie having seen this, came immediately 
hither to give us notice: he says, there are no 
persons of any quality among them, but that 
they give out themselves that Gilbert Ker is 
tliere. This morning we have received further 
notice of the gatherings of some people in these 
places, which we are very hopeful will soon 
vanish, or speedily be sujiprest. Yet we have 
thought it our duty, in discharge of our trust 
we have from his majesty, to apply his majesty's 
authority for the speedy suppressing of the 
same, as the beginning of a most desperate 
rebellion ; and thereupon have given orders to 
the lieutenant-general of his majesty's forces, for 
marching presently against them, as will more 
fully appear to your grace bj' the order itself, 
the copy whereof is herein enclosed. Orders 
are also sent to persons of greatest interest in 
these countries, to be assisting in this affair ; of 
which orders there is a copy also enclosed. This 
being all the information we have yet gotten, we 
could do no more at present; for tlie forces they 
are to march the morrow morning : but, accord- 
ing as we shall receive further intelligence, 
we shall not be wanting in the discharge of 
cm- duty for the suppressing thir rebels, and 
securing the peace. And, upon this occasion, 
the council having had their thoughts upon the 
fittest means for securing the peace, it is their 
unanimousjudgment, thatitismost necessary for 
that end, that the heritors of the several coun- 
tries, especially of the southern and western 
shires, and such other as his majesty's council 
shall think tit, be presently required to sign the 
declaration concerning the covenant, and that 
such as sliall delay or refuse, be secured and 
looked upon as enemies to his majesty's author- 
ity and government : as this will be a ready 
mean to discover who are well or ill aiiected 
to his majesty, so without it, we conceive, 
neither the public peace nor his majesty's gov- 
ernment can be well secured : — 

We rest your grace's humble servants, 
St. Andrews, Joun Giljiour, 
]MoKTROsE, A. Primrose, 

Eg LINTON, Jo. Nisbet, 

Dumfries, J. Lockhart, *" 

Newburgh, HujfE, 

Sinclair, Ch. Maitland, 

Halkerton, Wauchop, 
Ballenden, Sir H. Murray. 


,^PP attempts of rebellious persons, or- 
dain the magistrates of Edinburgh, 
Canongate, and Leith, and other places 
within their liberties, to cause the officers 
of the several companies enroll all the sol- 
diers under their command, and all of them, 
officers and soldiers, to give their oath to be 
true and foithful to the king, and that thej' 
shall defend his authority, and maintain the 
same against this insurrection and rebellion, 
and all others, to the hazard of their lives and 
fortunes : and if any refuse, that they be 
presently disarmed, their persons secured, and 
the council acquainted with their names." 
And as to the country round the place where 
the rising was, the council again write to the 
earl of Annandale,lord Drumlanerk, and sev- 
eral others, " empowering them to convocate 
their followers, and with them to preserve 
the peace of the country, and to attack the 
rebels." Likewise, upon the other side, 
they send letters to Fife, directed to the earl 
of Weems, lords Newark, Melvil, and Bur- 
leigh, " to come in with their friends and 
followers, with horses and arms, to defend 
the town of Edinburgh, that so the king's 
authority may be defended from rebellious 
and disaffected persons now in arms." Sign- 
ed, " St. Andrews." — In the commissioner's 
absence it fell to the primate to preside in 
council ; and being now a time of wai* several 
of the lords grumbled very much, and spared 
not to say openly with oaths, " Have we 
none in Scotland to give orders at such a 
juncture, but a priest ?" 

Upon the 21st they issue forth a procla- 
mation against the rebels in arms in the 
west. It is inserted at the foot of the 
page,* and order the general to publish it. 


and see that it be executed with all care. 
This proclamation contains no promise of 
indemnity in it, upon laying down of arms. 

* Proclamation against the rebels in. arms, 
November 2lst, 1666. 
Charles, &c. to all and sundry our good sub- 
jects, greeting : whereas by the clear and express 
laws and acts of parliament of this kingdom, it 
is declared to he high treason for the subjects of 
the same, or any number of them, more or less, 
upon any ground or pretext whatsoever, to rise 
or continue in arms, without our special author- 
ity and approbation ; and nevertheless, a party 
of disloyal persons, disaffected to our government 
and laws, who have formerly tasted of our 
royal bounty and clemency, whereunto they 
owe their lives and fortunes, having forfeited 
the same by their former rebellious practices, 
under the cloak of religion, the ordinary colour 
and pretext of rebellion, have now again risen 

in arms, within the stewartry of Kirkcudbright, 
shires of Galloway and Ayr, and other western 
shires; and having in a hostile way enttred 
within the town of Dumfries, has there, and in 
other places of the country, seized upon the per- 
sons of divers of our good subjects, has plun- 
dered and robbed them, and others of their 
horses, arms, and other goods, and has done and 
committed many outrageous and treasonable 
deeds and attempts against our authority, and 
against and upon our royal subjects. And we, 
out of our royal tenderness for the peace and 
quiet of this our ancient kingdom, being careful 
to repress the said rebellion, and that simple 
people be not ensnared by the said rebels and 
their emissaries, and involved in their rebel- 
lion ; and to take off all pretence of ignorance or 
excuse, do therefore, with advice of the lords of 
our privy council, declare the said insurrection 
to be an open, manifest, and horrid rebellion, 
and high treason ; and that the authors and 
actors in the same, and their adherents, are and 
ought to be pursued as protest and declared 
traitors to us: and do hereby command and 
charge all persons, who are in arms against, or 
v.'ithout our warrant and authority, to desist 
from their rebellion, and to lay down their arms, 
and to render and present their persons to the 
lieutenant-general of our forces, or some others 
of our officers or magistrates, within twenty- 
four liours after publication hereof: with certi- 
fication that if they continue in their rebellion 
after the said time, they shall be holden and 
proceeded against as incorrigible and desperate 
traitors, and that they shall be incapable of 
mercy and pardon. And we do discharge and 
command all our subjects, that no person 
presume to aid, assist, harbour, reset, or any 
way supply the said rebels, or any of them, 
under the pain of treason ; and tliat they do not 
keep correspondence, or intercommune with 
them, without warrant of our said lieutenant- 
general, under the pain foresaid : and we do 
expect in this juncture, and do require and com- 
mand all our subjects, to be assisting to our said 
lieutenant-general, under the pain foresaid, and 
being required by him, or others having author- 
ity from him to that effect, to rise in arms with 
all their power, and to join and concur with 
them for suppressing the said rebels, under the 
pain of treason, if they refuse or disobey. And 
further, we do strictly enjoin and command all 
masters of families, heritors, and other landlords, 
that they be careful and vigilant that their child- 
ren, servants, and domestics, and their tenants and 
others under their power, do not break out and 
join with the said rebels; certifying them, if they 
be found negligent in their duty, or otherwise 
culpable in that behalf, they shall be looked upon, 
and severely punished, as disaffected persons, 
and favouring and complying with rebels. And 
hereby we give warrant and command to our 
Lyon, king at arms, and his brethren, heralds, 
pursuivants, macers, or messengers at arms, to 
pass to the market-cross of Edinburgh, and other 
places neediul, and make publication hereof, 
that none pretend ignorance. Given luider 
our signet, at Edinburgh, the twenty-one day 
of November, and of our reign the eighteenth 
year. Subscribed vt sederunt. 


nor any encouragement to people to do so, 
as is usual in such cases. Whether this 
proceeded from haste, or from the cruel dis- 
position and designs of their president, I am 
not to determine : but it is evident enough, 
this was upon the matter to command the 
people to come to the scaflbld, and to 
require them to submit to the severities of 



the prelates, who were the fountain of all 
their miseries, and to subject to the cruelty 
of the army, whom they had affronted : and 
such a proclamation could have little other 
effect, but to imbolden the poor men, and 
let them sec they must either go through 
what they had begun, or die. Twenty-four 
hours after the date of the proclamation are 
only allowed to tliem to submit, which was 
too short a time for its reaching Galloway ; 
and I think the country people were scarce 
come to Ayrshire as yet. It is not improb- 
able there were views in this extraordinary 
proclamation; and whether it was afterwards 
iraproven by the primate, for justifying his 
severities on the persons who were taken 
prisoners, I know not : but Sir George 
Mackenzie would from this palliate the 
execution of those good men, after quarter 
given by those who took them. But the 

of defence," and require all the king's 
subjects to assist the general with 
all their power. This was of some more 
influence, and made many join the general, 
and some against their liglit and conscience : 
" the fear of man causeth a snare." And 
further they discharge all passage at the six 
ferries between Leith and Stirling, and order 

all persons who pass Stirling bridge to be 
narrowly examined. This was to prevent 
some persons from Fife and the north, who 
were under sore burdens, and ready to havs 
joined the people in the south. Kext day,' 
the 22d, the council order all suspected 
persons to be seized and examined; and 
write to the general, acquainting him with 
what they had done, and desiring his advice 
as to any thing yet necessary to be done. 

To return to the people who rose at this 
time ; after they had seized Sir James Tur- 
ner, and were now determined to defend 
themselves, some were sent into Edinburgh, 
to see what assistance they might expect 
thence ; and I suppose Mr. Alexander Rob- 
ertson, a preacher, a zealous and resolute 
man, was consulted, and his son one of the 
messengers : at least I find, it was in his 
chamber a considerable number of ministers. 

terms given posterior to this proclamation, I gentlemen, and others met that night the 
by such who had the king's power lodged ; accounts came from Dumfries, to consider 
with them, fairly remove any thing that j how far it was their duty to join those now 
could be in this deed of the council: and if risen. Reasonings /jto and con were- so 
the proclamation was emitted with designs protracted, that no resolution was come to 
to be a cover to such a villany, it was not the first night. To-morrow at seven of the 
unlike the temper and cunning of him who clock, they again met at Mr. Robertson's 
was now at the head of the council. The chamber. When the question was resumed, 
same day they pass another act, inserted it was generally thought to be very hard to 
bclow,^ " to put the country in a posture lie still and do nothing at such a juncture, 

• Council's act for defence cf the country, 
November 21, 1666. 
Forasmeikle as the insurrection at Dumfries 
and the western shires, is grown into an open 
rebellion, and that the number of these despei-ate 
rebels does increase so, that all his majesty's 
loyal sul)jects, in their several shires, ought 
timously to look to their own security, and put 
themselves in a posture to defend the king's 
authority, and to oppose all attempts of desperate 
and wicked rebels; therefore, the lords of his 
majesty's privy council, do hereby command and 
require all h«;ritors, who are fencible persons, 
■within the shires of IMiddle, East, and West 
Lothians,Fife, Perthshire, (except the country of 
Athole) Stirlingshix-e, Dumbartonshire, Merse, 
and I'eviotdale, Tweeddale, Clackmannan, the 

Forest, Angus, and Mearns, to convene at such 
places as the comraanders aftermentioned shall 
appoint, and to receive the orders, and to be 
luider the command of the persons underwritten, 
viz. Mid Lothian to meet upon the twenty-tliird 
of November instant, and to be under the com-, 
mand of lord George Ramsay; East Lothian, 
to meet on the twenty-sixth of the said month, 
and to be under the command of tlie earl of 
Wintoun, and viscount of Kiiigstoiui ; West 
Lothian, to meet the twenty-third of this instant, 
and to be under the commraid of Sir Walter Seton 
of Abercorn; Stirlingshire, to meet the twenty- 
sixth of November, to be imder the command of 
the earl of Callender, and loro Almond ; Fife, 
to meet the twenty ninth instant, to be under 
the command of the eail of Weems and lord 




when so fair a door was opening; 

and they could not think of seeing 
their fellow countrymen oppressed and borne 
down for their religion and liberty, and in so 
much hazard, without helping them, especially 
when all methods of regular and orderly 
application to the government, were stopt 
and precluded. I hear Ferguson of Kaitloch, 
afterwards a very great sufferer in his person 
and family, was at this time unclear as to 
rising in arms : but the rest of the meeting, 
generally speaking, were very clear to assist 
these people for recovering theii" liberty; 
such as colonel James Wallace, Mr. John 
"Welsh, the said Mr. Robertson, and others. 
It would be tedious to go through all the 
essays made up and down, to get assistance 
to the people iu Oailoway. Colonel Wallace 
resolves immediately to go westward ; he 
was assured forty well mounted men and 
hoi-se would join him in the parish of Lib- 
bertoun, but they sunk to seven or eight. 
Indeed it was no wonder people were not 
so very forward to join in this undertaking, 
so suddenly entered into without any general 
concert : especially if we consider, that the 
spirits of people were sunk, generally speak- 
ing, under heavy and rigorous vexations and 

Newark; Perthshire, to meet the twenty-ninth 
instant, and to be under the command of the 
earls of Perth, and Tullibardin, excepting as 
said is ; Dumbarton, to meet upon the twenty- 
eijjhtli instant, and to be under the cominand of 
the earl of Wigtoun ; Merse, to meet the said 
twenty-eiuhth instant, to be under the command 
of the earl of Hume; Teviotdale, to meet the 
twenty-eighth instant, and to be under the com- 
mand of Sir Willam JMurray of Stanhope, and 
the laird of Black '>arony younger ; Clackman- 
nan, to meet the twenty-ninth instant, to be 
under the command of the laird of Clackmannan ; 
Forest, to meet the twenty-eighth instant, and to 
be under the command of Philiphaugh ; Angus, 
to meet the twenty-ninth instant, to be under 
the command of the earl of Panmure and lord 
Carnegie ; the shire of Mearns, to meet the 
twenty-ninth instant, to be under the command 
of the earl of Marishal, and lord Arbuthnot ; 
with full power to them, to seize upon all dis- 
affected persons within their respective boimds, 
or such as shall be suspect to be going out of the 
shire to be rebels; with power likewise to the 
said commanders, to appoint officers under them, 
to comm:uid in the several divisions of the shires. 
And further, ordain the said respective com- 
manders, to make public proclamation and inti- 
mation hereof, to the respective shires under 
command, immediately after the same shall 
come to their hands, that the said meetings may 
be punctually kept. 

burdens. With those the colonel made the 
best of his way to Linton, and from thence- 
ordered oft" Mr. Kobcrtson towards Lesma- 
hago, to dispose people to join with hin, 
when he came thither; but he met with 
small encouragement. Thereabouts the col- 
onel came with his men, and rested upon 
the Sabbath, Next day they had notice that 
William Lockhart of Wickctshaw, with a 
party of Carluke men, and some others, 
were marched westward to the main army, 
and so they followed them. In the road the 
colonel called at captain Robert Lockhart's 
house, expecting Mr. Alexander Robertson 
there, according to appointment, but the 
captain and he were gone forward. When 
they came to Evandale, they had the first 
accounts of the laird of Blackwood's desiring 
to meet with the colonel, and to understand 
his design and motions. Tiie colonel being 
uncertain of his character, did not wait, but 
went westward ; and in their way to Mauch- 
lin, he overtook captain Arnot, brother to 
the laird of Lochridge, and a few men with 
him. They lodged all together at Mauchlin, 
on the Tuesday's night. When there,they 
are informed their friends were all gone 
forward to Ayr, and thither they resolve to 
go. Their hopes were here mightily dis- 
appointed ; they expected to have found all 
that country in arms for religion and liberty, 
but very few were stirring. They reckoned 
much upon major-general Montgomery, who 
had been harshly enough treated by the 
government, and the laird Gadgirth ; but 
find they were both at Eglinton house 
waiting upon general Dalziel. Several min- 
isters, they were made to hope would join 
them, were living quietly in their families. 
This very much offended the colonel and his 
friends, and discouraged them, when they 
found many whom they judged friends, as 
they reckoned the most part of that country, 
standing by unconcerned. Meanwhile, their 
friends were likewise grieved and mourning 
for their undertaking, looking upon it as 
very sudden, unadvised, and unconcerted; 
and fearing, that in the issue it might prove 
unsuccessful and hurtful. 

However, the colonel and his men march 
on to Ayr, and find the body of the forces 
come from Galloway, and such who fiad 

joined them since, rendezvousing near the 
bridge of Doon ; and when he was going 
towards them, a messenger comes from 
Cuningham, with accounts, bearing that a 
considerable body of men were ready there 
to join them, if they had one to gather and 
head them. Whereupon he sent off captain 
Arnot with forty horse, to encourage and 
bring them up, and he himself, with the rest, 
joined the general rendezvous. Upon the 
Wednesday, there they had certain accounts, 
that Dalziel and his army lav at Glasgow, 
and so they resolved to-morrow to march to 
the parish of Ochiltree, and have another 
general rendezvous there, where Mr. John 
Guthrie, minister at Tarbolton, came to them, 
with some men from that parish. When 
they were all come to the place of meeting, 
]VIr. Gabriel Semple preached to them. 
And here they first modelled themselves into 
an army, choosing their officers, and dispos- 
ing their men to the best advantage, and 
placing their guards. 

At Ochiltree they convene their first 
council of war, and after application to God 
by prayer, and reasoning upon their present 
circumstances, it was resolved, that since 
they could expect little more assistance 
from the south or west, except captain 
Arnot's company, that they should march 
eastward to Edinburgh, especially since they 
were apprehensive the enemy might attack 
them, if they continued much longer there, 
and that before they had got all the assist- 
ance they expected. So they marched east- 
ward upon the Friday to Cunmock, and tliere 
got the accounts that one of their friends 
John Ross, and a few men with him coming 
to them, were intercepted and broken by 
duke Hamilton's troop, and that the enemy 
was approaching them ; and indeed the 
council were not wanting in raising the 
country, as well as sending the army upon 
them. Accordingly, I find one act in their 
register, November 23d, " act anent the 
shires of Renfrew, Lanark, and Ayr." Its 
tenor is, " Forasmuch as the insurrection at 
Dumfries and the western shires, is grown 
to an open rebellion, and the number of 
desperate rebels increases, these are to order 
out all fencible men in Renfrew, Ayr, and 
Lanark shii-es : and all who are absent from 




the general rendezvous are to be 
noticed, and apprehended." The 
same day rendezvouses are appointed in 
Mid Lothian, East Lothian, and Teviotdale: 
and colonel Hurry, and major Thomson, 
with the forces under their command, are 
appointed to keep guard in the Canongate. 

Upon these advices, the little army march- 
ed from Cumnock that evening, forward to 
the Muir-kirk of Kyle, (Muirkiik) in a most 
dreadful rain, and through a long muir 
miserably deep. They reached not their 
quarters till two hours within night. Great 
were the hardships they came through, they 
were generally as wet as they had been 
dragged through a river : and wet as they 
were, their foot behoved to lodge in the 
church, without any meat that night, and 
little fire to dry them. Here Mr. Andrew 
M'Cormock, an Irish minister of great piety, 
commonly called the " good man," came to 
colonel Wallace, now chosen commander in 
chief, and acquainted him, it was the opinion 
of Mr. Alexander Robertson, and captain 
Lockhart, who it seems had been very unsuc- 
cessful in their endeavours for assistances 
to the colonel, that this rising should be 
followed no further, but the people dismissed 
in the fairest way that might be. The 
proposal was communicated to Mr. Gabriel 
Semple, a minister of very great authority 
among them, and urged with all earnestness. 
Nothing could be concerted that night, and 
to-morrow, being Saturday, they marched to 
Douglas, and towards Lanark. By the way 
captain Arnot, with his Cuningham supply, 
came up with them. Two hundred had 
been promised, but they scarce amounted to 

At Douglas, after they had set their guards 
and watch, they called a council of war, 
anent the proposal made by Mr. M'Cormock. 
After prayer to the Lord for direction in 
that matter of great importance, the question 
was stated. Whether they should scatter, or 
continue in arms ? The reasons offered for 
giving up this enterprise, from the strength 
of the enemy, the smallness of their numbers, 
the dispiritedness of the country, and the 
present unfitness of the season for action, 
were all considered; the opinion of the 
ministers they had with them was heard. 




and then tlie officers gave theirs. 

All of them, after reasoning, agreed, 
that they had a clear providential call to 
this undertaking, and that they could not 
quit it till they had as plain a warrant to 
desist, as they had to gather together. 
They were conscious to themselves, nothing 
was in their view, but the freeing themselves 
and their country from the horrible oppres- 
sion they groaned under, and to lay their 
grievances before the government, and hum- 
bly to crave redress, which they had access 
to do no other way but in arms. They 
persuaded themselves, the Lord could work 
by few as well as by many, and hoped they 
were a handful of men in whom the Lord 
would concern himself: and if such as had 
encouraged them to this enterprise, and 
promised assistance should fail, they could 
not help it ; they were in the way of their 
duty. And as for themselves, if their design 
misgave, they could say, it was in their 
heart to " build a house to the Lord," and 
to act for the glory of God, and the cause 
of religion and liberty, and were not unwilling 


so harmonious in ; What to do with Sir James 
Turner ? whom they still carried about with 
them since they left Dumfries, being masters 
of no prison to put him in. Some were for 
putting him to death, as being notoriously 
guilty of murder, and a bitter and bloody 
instrument of persecution : but the most 
part were peremptorily against this. Those 
acknowledged Sir James had been a grievous 
oppressor, and the occasion of the death of 
many ; but then they would have it consid- 
ered he was a soldier of fortune, and had his 
commission for any thing he did. Yea, I 
am told, that Sir James produced letters 
from the bishops and others, with his secret 
instructions and orders for a great deal 
more than he had done ; and that he really 
appeared to have been pretty moderate 
even in his severities, when his actings 
were compared with his orders which he 
produced, and repeated letters from the 
prelates. Whatever be in this, moderate 
measures prevailed ; he was spared, and 
cari'ied forward with them. 

Sabbath morning they marched to Lanark, 

to die sacrifices for these; yea, they reckoned through Lesmahago. Li the way, Knock- 
a testimony for the Lord, and their country, j breck's two sons, with some few men from 

was a sufficient reward for all their labour 
and loss. Thus the proposal was laid aside, 
though it came from persons who were 
heartily friends to their cause and designs. 

The council of w'ar had other two questions 
before them : one was anent the renewing 
the covenants these lands lie under, as soon 
as possible. Unto this all went in most 
unanimously: all of them, generally speaking, 
had taken them before, with knowledge and 
reflection ; and this work was now buried, 
and scandalously treated. Indeed they could 
have wished for more time to prepare for 
that solemn work, and more persons of all 
ranks to join in it ; but now they had not 
their choice, and behoved to do things as 
they best could, and not still as they desired. 
And herel)y they inclined to give a proof to 
the world, that their cause and principles 
were the very same with those of the church 
of Scotland, before her liberties were wrested 
out of her hand ; and they knew no better 
preparation for death, if called to it, than a 
solemn resignation and dedication of them- 
selves to the Lord. The other matter under 
their consideration they were not altogether 

Galloway, overtook them, and signified, no 
more were to be expected from the south. 
At night they came to Lanark, and set their 
guards and watch, and ordered their men 
the best way they might, and appointed offi- 
cers, of which they were yery scarce, to 
every company.* This night it was intimate 
to the people of Lanark, that they designed 
to renew the covenant in that place to- 
morrow. It might have been expected this 
would have engaged the people thereabouts 
to join them ; but such a terror at this time 
was upon the spirits of the country, that few 
or none of their best friends durst or would 
appear. To-morrow morning they were 
alarmed with the accounts, that general 
Dalziel was within a few miles of them; upon 
which some were for delaying the renewal 
of the covenants, but they were over- 
ruled ; and so, after they had sent out their 

* " That day we perfected tlie mo(k'lling of our 
forces, wherein we found great want of officers, 
there not being to the few number we had half 
of the officers requisite, not above four or five 
that had ever seen soldiers before."— Wallace's 
Narrative of the Rising at Peutland Ed. 

CHAP. I.] 

scouts, and set watches, the work was begun. 
They could not easily, with the townsmen, 
and country about, be all in one place, and 
so they divided into two companies. The 
foot gathered together upon the High street 
of Lanark, and Mr. John Guthrie minister 
at Tarbolton preached unto them. There 
is an incorrect sermon of his printed, upon 
" Breach of Covenant :" the title of it bears, 
it was preached in the (year) 1G63. Whether 
it may not be some notes of the sermon at 
Lanark, as some conjecture, I know not. 
After sermon he read the covenants unto 
them, to which, with uplifted hands at every 
article, they engaged, with much affection 
and concern. The horsemen met at the 
head of the town, and Mr. Gabriel Semple 
and Mr. John Crookshanks preached. In 
his sermon Mr. Semple cited, and at some 
length applied Prov. xxiv. 11, 12. " If thou 
forbear to deliver them that are drawn imto 
death, and those that are ready to be slain ; 
if thou sayest, I3ehold, we knew it not ; doth 
not he that pondereth the heart, consider it? 
and he that keepeth thy soul, doth not he 
know it ; and shall not he render unto every 
man according to his works ?" When he 
was insisting upon these words, the hearers 
were mightily affected; and several did after- 
wards join the army. After sermons the 
covenants were read and sworn, as above. 
At this time, as I suppose, the principal 
persons among them drew up, and agreed to 
a short manifesto, and declaration for present 
use, with a view to draw up a fuller and 
larger one afterwards. A copy of this paper 
lies before me ; but wanting a date, I cannot 
be positive when it was drawn up : and it 
being but short, I shall here insert it. 

Declaration of those in arms for the covenant, 

" The nature of religion doth sufficiently 
teach, and all men almost acknowledge the 
lawfulness of sinless self-defence; yet we 
thought it duty at this time to give an 
account unto the world of the occasion and 
design of our being together in arms, since 
the rise and scope of actions, if faulty, may 
render a thing right upon the matter, sinful." 

" It is known to all, that the king's 




rule the nation according to the 
revealed will of God in scripture; 
to prosecute the ends of ' National and 
Solemn League and Covenants;' and fully to 
establish presliyterian government, with the 
Directory for Worship ; and to approve all 
acts of parliament establishing the same; 
and thereupon the nobility, and others of 
his subjects, did swear allegiance; and so 
religion was committed unto him as a matter 
of trust, secured by most solemn indenture 
betwixt him and his people. 

" Notwithstanding all this, it is soon 
ordered that the covenant be burnt, the tie 
of it is declared void and null, and men 
forced to subscribe a declaration contrary to 
it; episcopal government, in its height of 
tyranny, is established ; and men obliged by 
law, not to plead witness, or petition against 
those things ; grievous fines, sudden impris- 
onments, vast quarterings of soldiers, and a 
cruel inquisition by the high commission 
court, were the reward of all such who could 
not comply with the government by lordly 
hierarchy, and abjure their covenant, and 
prove more monstrous to the wasting their 
conscience, than nature would have suffered 
heathens to be. Those things, in part, have 
been all Scotland over, but chiefly in the 
poor country of Galloway at this day : and, 
had not God prevented, it should have, in 
the same measures, undoubtedly befallen the 
rest of the nation ere long. 

" The just sense whereof made us choose 
rather to betake ourselves to the fields for 
self-defence, than to stay at home burdened 
daily with the calamities of others, and 
tortured with the fears of our own approach- 
ing misery. And considering our engagement 
to assist and defend all those who entered 
into this league and covenant with us; and to 
the end we may be more vigorous in the pro- 
secution of this matter, and all men may know 
the true state of our cause, we have entered 
into the Solemn League and Covenant, 
and though it be hardly thought of, renewed 
the same, to the end we may be free of the 
apostasy of our times, and saved from the 
cruel usages persons resolved to adhere to 
this have met with ; hoping, that this will 
wipe off the reproach that is upon our 
majesty, at his coronation, did engage to | nation, because of the avowed perjury it lies 




under. And being fully persuaded, 

that this league, however misrepre- 
sented, contains nothing in it sinful before 
God, derogatory to the king's just authority, 
the privileges of the parliament, or liberty 
of the people : but, on the contrary, is the 
surest bond whereby all these are secured, 
since a threefold cord is not easily broken, 
as we shall make it appear in our next and 
larger declaration, which shall contain more 
fully the proofs of the lawfulness of entering 
into covenant, and necessity of our taking 
arms at this time for the defence of it, with 
a full and true account of our grief and 
sorrow for our swerving from it, and suffer- 
ing ourselves to be divided, to the reproach 
of our common cause, and sadeningthe hearts 
of the godly; a thing we sorrowfully remem- 
ber, and firmly resolve against in all time 
coming." It is evident this paper was drawn 
in haste, and in the midst of other manifold 
confusions, and yet it contains a very plain 
and short stating of their cause, and a fair 
owning of the king's authority. The larger 
declaration which they promise, I have not 
seen, and question much if they got it per- 
fected before their defeat at Pentland. 

It was at Lanark this rolling snow-ball 
was at the biggest, all their additions they 
could expect from the south and west being 
come up to them. Here their number was 
judged to be near three thousand, but indeed 
a company of raw undisciplined men, neither 
tolerably armed, nor in any order. It was 
the opinion of many, that if they were to 
engage with the regular troops, it had been 
best to have done it here, since after this 
they melted away very sensibly ; and, upon 
a supposition of their defeat, it would have 
been much their advantage to have met with 
it here, where the country was their friends. 
Indeed further east they had very few, and 
this the handful who remained felt after- 
wards. About this time major Kilgour, and 
Mr. John Scot, minister of Hawickj came 
from the east to have joined them; but, 
when they observed their want of order and 
discipline, they quickly left them. 

While they were at Lanark, William 
Lawrie of Blackwood came up to them. 
They hoped he was to have joined them, but 
he undeceived them, and signified he was 


come from duke Hamilton to commune with 
them, and to know what they desired, and 
to prevail with them, if possible, to lay down 
their arms. Whether this niessage was real, 
or only designed for their trial, I know not; 
but the gentleman produced no documents 
of any proposals from the duke, and he took 
not the way to do business, never applying 
himself to colonel Wallace, or any of the 
officers of the army, but spoke only a little to 
Mr. Gabriel Semple, and quickly withdrew. " 
The council of war did not take this well, 
and afterwards wished they had made him 
prisoner, since this method he took, looked 
as if he had come to get information of their 
power and numbers. Meanwhile, all the 
country was in motion ; every sheriff mus- 
tered the heritors and fencible men, and all 
appeared ready to suppress this open rebel- 
lion, as it was termed. Reports and lies 
were spread to alarm the country, and stir 
them up against the people now in arms. 
It was pretended, forty ships with an army 
from Holland, were landed at Dunbar to 
assist the Whigs. Such senseless stories 
were coined to render this small handful 
odious to the country, and especially to 
England, who at present were in war with 
the Dutch. However, as our proverb runs, 
" after word comes ward ;" the first assist- 
ance ever this contending party for our 
religion and liberty got, and their first relief 
was from Holland, some twenty-two years 
after this. 

Let me now take a further view of the 
council's procedure at Edinburgh. Upon 
the 26th of November, they order some 
suspected persons in Teviotdale to be secur- 
ed; their names are not in the registers. 
Ten pounds sterling is ordered out of the 
exchequer, for paying of horses to be sent 
out morning and evening to get intelligence. 
The arms in the castle of Edinburgh are 
put in order, and some of them sent to 
Stirhng. Cannon are brought down from 
the castle, and fixed at the gates of the 
town. The gates are ordered to be shut, 
and none permitted to come in or go out, 
but such as had a pass : for which end, 
guards are set at every gate. No horses 
are permitted to go off the town ; and orders 
are issued out, that a great many lances and . 

CHAP. I.] 

pole-axes be immediately made, for the use 
of the government, at Culross, Dumferniline, 
and other places. November 27th, a letter 
from the king to the council, comes, approv- 
ing their diligence in what they had done, 
and promising further instructions very 
quickly with the commissioner, and suspend- 
ing the putting in execution an order lately 
sent from court, for taking and subscribing 
the declaration ; of which I know no further 
than what is expressed in the letter, which 
I have added, in a note.* But it would 
seem the court began to be sensible, that 
the violent obtrusion of the declaration, 
and other impositions, had exasperated the 
spirits of the country, and put them upon 
rising in arms; and were willing to desist 
from these, at least at this present juncture. 
" The same day the council write a letter 
to the earl of Rothes at London, signifying, 
that the rebels are advancing to Edinburgh, 
and some of them come near Torphichen, 
and their whole body not far off; that they 
are determined to maintain the town. Their 
numbers are said to be about three thousand; 
their commanders are colonel Wallace, col- 
onel Gray, major Lermont, and some others 


* King^s letter to the council, November 2ith, 

Right trusty, &c. We have seen yom* letter 
of the 17th of this month, with the account of 
•what then you knew of the rebellious insolence 
at Dumfries : we have also seen the orders you 
have given for the speedy march of our lieuten- 
ant-general, with such of our forces as he should 
think fit, and for the concurrence of such persons 
of quality, as live near those places where the 
rebellion broke out. All which we do very well 
approve, and doubt not but by God's blessing 
upon our forces, and your counsels, the mischief 
of this rebellion shall turn upon the heads of the 
rebels. And we specially recommend to you all 
care and diligence for preventing any joining 
with the rebels ; and that you take special care 
of our castles, and of the prisoners in them : 
you shall also send us frequent intelligence of 
what you hear, and that by express packets : 
and give order that our lieutenant-general keep 
correspondence with our governor of Carlisle ; 
and that also he send us a frequent account of 
his proceedings, and direct his letters to Carlisle, 
to be transmitted to us. We intend very speedily 
to despatch our commissioner, who shall bring 
our full directions ; and, until he come, you 
shall suspend the putting in execution your 
order for the subscribing the declaration ; and 
80 we bid you heartily farewell. Given at our 
court at Whitehall, the 24th day of November, 
1666, and of our reign the eighteenth year. — By 
his majesty's command, Laudekdale. 

of no great note ; that by their last , „„_ 
letters from general Dalziel, they 
find the rebels shun an engagement ; that 
the general thought to have attacked them 
in Mauchlin-muir, but they marched east- 
ward to Douglas Castle, near which they 
continued upon Sunday ; that yesterday 
they were at Lanark, and the general was 
following them hard." But they take no 
notice of the king's letter, which this day 
they receive, and is recorded before theirs to 
him, being unwilling as yet to suspend the 
declaration. — That same day the college of 
justice formed themselves into a company, 
for defence of the town, and had arms 
distributed to them out of the castle ; and 
for the further security of the metropolis, 
the heritors of the Merse, Teviotdale, Tweed- 
dale, and the Forest of Eterick,were called in. 

Monday afternoon, Dalziel with his army 
came up to Lanark ; ere colonel Wallace 
and his men left it, they were within view 
of Stonebyres. Now the poor countrymen 
had little time to deliberate: to march 
eastward, looked like a plain flight, the 
general following close upon their rear ; yet, 
chiefly upon the suggestions of some of the 
common soldiers among them, that West 
Lothian would join them, and some hopes 
that the city of Edinburgh would receive 
them, they resolve to go eastward, and to 
be at Bathgate that night. A worse step 
perhaps could scarce have been taken by 
them ; this being plainly to run into a net 
betwixt two armies, and on the sword point. 
No friends were at Bathgate to meet them ; 
Edinburgh was all up against them, and Sir 
Andrew Ramsay the provost is mighty 
active, and scarce an advocate but is armed 
ca2}-a-pee, and every thing there is secured. 
It is a fatal thing in such circumstances to 
lean to false intelligence; thereupon ground- 
less hopes are entertained, and unhappy 
measures run into. 

That night they came to Bathgate, through 
almost an unpassable muir, and one of the 
worst ways in Scotland. The night was 
extremely dark, and they reached not Bath- 
gate till two hours after daylight was gone, 
neither was there any accommodation to be 
had there for men wet and weary, and almost 
spent with fatigue. About eleven at night 



,„„„ they had an alarm of the approach 
of the enemy, and at midnight were 
obliged to begin their march towards the 
New Bridge. When they came that length 
in the morning, they looked rather like dying 
men than soldiers going to a battle. It 
would have almost made their very enemies 
themselves to relent, to have seen so many 
weary, faint, half-drowned, half-starved men, 
betwixt enemies behind, and enemies before. 
It was reckoned, they lost that night near 
half of their small army ; and truly, consid- 
ering the way, season, and weather, it was 
a wonder the half of them got through : yet, 
after all, they still entertained some hopes 
from their friends in the " good town ;" and 
so resolve to march to Collinton, within 
three miles of it ; though they should have 
known there was an army at Edinburgh, 
and the general with his army by this time 
was come to Calder, within five miles of them. 
Meanwhile, all gentlemen and others who 
have horses in Edinburgh, are by the council 
ordered to mount them, and march out, 
under the command of the marquis of Mon- 
trose, to join the general. At Bathgate, the 
27th, or early on this day the 28th, Mr. 
John Guthrie fell into a most violent fit of 
the gravel, to the greatest extremity a man 
could be in, no doubt occasioned by the 
cold, and ill accommodation he had got these 
days bypast, and was carried oif at the desire 
of all present; and so he was not at the 

This day or Monday, a few gentlemen in 
Renfrewshire, and their neighbours, had 
gathered together a small company of horse- 
men, some call them about fifty, with a 
design to join colonel Wallace : but when 
they were gathering, and a little way upon 
their road, information was given them, that 
Dalziel was betwixt them and their friends ; 
and upon this they saw good to retire, and 
dismiss. The captain of this little troop 
was William Muir of Caldwell, and with 
him were Robert Ker of Kersland, Caldwell 
of that ilk, the laird of Ralston, John 
Cunningham of Bedland, William Porter- 
field of Quarrelton, Alexander Porterfield 
his brother, with some others. They had 
with them Mr. Gabriel Maxwel minister at 
Dundonald, Mr. George Ramsay minister at 


Kilmaurs, and Mr. John Carstairs minister 
at Glasgow. The last, I am told, came with 
them much against his inclination, and 
engaged only to obtemperate the importunity 
of his friends, and not till he had reasoned, 
as far as was proper, against the project, 
and very much dissuaded from it. The 
laird of Blackston, in the shire of Renfrew, 
was likewise with the foresaid gentlemen, 
but, it would seem, very accidentally. I ara 
informed, that when they were met at a 
country house, one of them saw Blackston 
riding by, as was afterwards known, with a 
design to have joined Dalziel. Mr. Gabriel 
Maxwel went out to him, and, after some 
communing, prevailed with him to join with 
them : but he was so far from being a friend 
to the cause they were appearing for, that, 
I am told, as soon as he heard of the defeat 
at Pentland, he went to the archbishop of 
Glasgow, and, upon a promise of pardon, 
discovered and informed against the rest. 
I have the following account from other 
good hands in a different turn, that Black- 
ston came to that meeting, not accidentally, 
but from a real regard to the cause colonel 
Wallace was appearing for; that the gentle- 
men were surprised when he came to them, 
as knowing his head was not so fully poised, 
as were necessary for consultations of that 
nature they were engaged in, and therefore 
kept their meeting apart from him ; that he 
still hovering about the door, unhappily 
spied a footman of my lady Rothes's carrying 
letters to Eglinton : he, out of his ungov- 
erned zeal, laid hold on him, opened the 
letters, and after perusal of them, and 
returning them, sent him off: that the other 
gentlemen were highly offended at him for 
so doing, and thereupon broke up ; and 
that he himself, afterwards reflecting in cold 
blood on what he had done, thought fit 
to redeem his own neck by accusing his 
neighbours. The reader will find him after- 
ward led as a witness against the rest very 
early : and December 1st, in the council 
registers I observe, " Maxwel of Black- 
ston, and Houston his servant, com- 
peared and delated the laird of Caldwell, 
and several other gentlemen, to have risen 
in arms for assisting the rebels." The 
council confine him to his chamber in 

CHAP. I.] 

Edinburgh ; and upon the 6th of December, 
they take off his confinement, upon a bond 
of a thousand pounds sterling, to appear 
when called. It was remarked, that after 
this providence frowned very much upon 
him, and every thing went cross. This he 
himself is said to have acknowledged, in a 
paper he left behind him, when, a good 
many years after this, he went for Cai'olina, 
but he died at sea by the way. 

Some of the many sufferings of those 
worthy gentlemen concerned in that meeting, 
may be hinted at afterwards ; but I am sorry 
so few accounts of them are come to my 
hand : if they escape the sword at Pentland, 
because not there, they did not escape the 
persecutors' fury in a very little thereafter. 
Their houses were rifled, themselves forfeited 
and exiled. The estate of Caldwell, the 
best by far of any concerned in this affair, is 
given to general Dalziel, upon a sentence 
passed in absence, forfeiting him for being 
upon the road to join colonel Wallace. 
The times were so ill, the gentlemen durst 
not personally compear, otherwise very re- 
levant defences might have been proponed. 
This good man died in exile, leaving his 
excellent lady, and four orphans, destitute 
of all visible means of subsistence : some of 
their hardships will offer afterwards : I only 
remark here, that the lady Caldwell had a 
dowry ensured to her according to her rank, 
out of the estate of Caldwell : but having 
neglected to take infeftment upon her con- 
tract, before the forfeiture, she lost that, and 
was forced to live with her children in great 
straits. Kersland's good estate was given 
to lieutenant-general Drummond. In their 
hands these two estates contiuned until the 

But to return to colonel Wallace and his 
decreasing army, when they are in the way 
to Colltnton, the laird of Blackwood came 
up again to them, as sent by duke Hamilton, 
to entreat them to lay down their arms in 
hopes of an indemnity, which the duke 
promised to endeavour to procure. This 
gentleman concurred very earnestly with the 
duke's proposal. The colonel, and these 
with him, did not think they were out of 
their dut}, and were much set upon pre- 
senting the grievances they and the country 


lay under, in order to have them .„„„ 
redressed ; and nothing of this being 
in the overture made, they could not fall in 
with it, and dismissed Blackwood, signifying 
they hoped for other things from him : and 
came to theu- next stage at CoUiuton. When 
it was too late, there they found, that none 
of their friends in Edinburgh, or the east 
country, would stir; many were hearty well- 
wishers to them, but few had clearness to 
take up arms in such circumstances ; and 
those who had, found all the avenues stopt, 
and could not possibly appear. Here both 
their hopes and counsels were at an end. 
When at this pass, Blackwood comes a third 
time, and with him the laird of Barskimming, 
to renew the former proposal, withal signify- 
ing he had obtained the general's word of 
honour, for a cessation of arms till next 
morning, and that he had undertaken as 
much for them. Finding themselves now 
very much disappointed, and in a very ill 
taking, at length they condescend in their 
council of war, to name a commissioner to 
go back with Blackwood to the general, and 
treat with him in their name. Their com- 
missioner being outlawed, Blackwood and 
the other gave it them as their opinion, 
that the gentleman proposed would not be 
acceptable ; therefore they conclude to write 
to the general, by the two come from him. 
The letter was drawn, and signed by colonel 
Wallace. I have not been able to come by 
a copy of it, but am told it contained a 
representation in short of their sad oppres- 
sion and heavy grievances, a declaration of 
their design to apply to the council for 
redress, and their desire of a pass for one of 
their number, that might represent their 
grievances and desires more fully. They 
concluded with a request, that Blackwood 
might return to them with the general's 
answer, as soon as might be. Instead of 
this, Dalziel, upon receiving of their letter, 
despatches Blackwood in all haste to Edin- 
burgh, to lay the letter before the council, 
and writes with him his own sentiments, and 
an account of his present circumstances. 
How this was received at Edinburgh I have 
no further accounts than the following letter 
to the general, which I find in the council 
books, dated this day. It appears to be 



writ after the accounts of a begun 
action, between the general and 

colonel Wallace, were reached Edinburgh: 

and I insert it here. 

" Right honourable, 
" The letter dated at Killeith (Kenleith) 
this day, from the earl of Newburgh, bearing 
the letter sent from one Wallace to your 
excellency, was read in council, and the 
proposals made in that letter considered, 
wherewith they are no ways satisfied. And 
because they seem to ground themselves 
upon the proclamation, they have sent one 
of the printed copies, whereby it will appear 
there is no such thir.g held forth, as they 
pretend unto : and all they can expect from 
it, is, that if they should lay down their 
arms, and come in to your excellency within 
the time appointed, they might petition for 
mercy. We are glad to hear your excel- 
lency hath now engaged the rebels, we hope 
in a short time to have an account of them, 
which shall be welcome news to 

" Your humble servant, 

" St. Andrews, I. P. D. C- 
" November 28, 1666." 

Whether the general, by sending this 
letter to the council, had any view of favour 
to the country people, I shall not determine : 
but it would appear all was trick and amuse- 
ment, till he should come up with the 
colonel and his men, since no return was 
made to them, as they desired, nor the least 
hint given them, of the sending their letter 
to the council ; and so, notwithstanding of 
all the assurances given of a cessation of 
arms, he marches his army straight towards 
them. Colonel Wallace and his men, not- 
withstanding of this imperfect sort of treaty, 
resolve on the best retreat they can, for 
their own safety, and sustenance in the mean- 
time ; and turning by the east end of Pent- 
land Hills, they resolve on the way to Biggar. 
From Collinton they march to the House in 
the Muir; and from thence to the fatal spot 
called the Kullion Green, where they draw 
up the dispirited remains of an army, not 
exceeding nine hundred weary spent men. 
The reason of their forming themselves 
there, was not any view of a battle, for they 


were still in some hope of a peaceable con- 
clusion, from Blackwood's negotiation ; but 
merely to review the state of their poor 
companies, and to prevent straggling. 

The order Wallace put his men in, was 
this : upon tlie backside of a long hill run- 
ning south and north, he divided his men 
into three bodies. Upon the south of the 
hill there was a low shoulder, upon the 
north a high and steep shoulder. Upon the 
low shoulder southward he placed a small 
body of horse, under the command of Bars- 
cob, and the Galloway gentlemen : in the 
centre were the poor unarmed foot, under 
his own command ; and upon the left stood 
the greatest part of his horse, under the 
command of major Learmont. This handful 
were scarce well put in this posture, when 
they were called to other work than a review. 
An alarm comes that a body of horse is 
approaching them. At first they pleased 
themselves, that it might be some friends 
coming to join them : but quickly they found 
it was Daiziel's van, who had cut through 
the ridge of Pentland Hills, and come straight 
from Calder towards them, quite undiscov- 
ered till they were within a quarter of a 
mile of them, upon a hill opposite to them. 
There was a great descent and hollow 
betwixt them, so they could not meet on 
that side. When they had viewed each 
other for some time, Dalziel sends out a 
party of about fifty horse to squint along 
the edge of the hill, and attack their left 
wing. Wallace orders out captain Arnot 
with a like number of horse, to receive them. 
The captain came up with the general's 
detatchment upon a piece of level plain 
ground. After both had spent their fire, 
they closed upon the sword point, and 
fought it very stoutly for a good while. At 
length, notwithstanding all their advantages, 
Daiziel's men run ; and had it not been for 
the difficulty of the ground, their loss had 
been far greater than it was. Divers fell 
on both sides; and of the captain's party 
Mr. John Crookshanks, and Mr. Andrew 
M'Cormock, two ministers who had come 
from Ireland, and had very much encouraged 
the people to this undertaking. 

Upon this little advantage, Wallace ad- 
vanceth with a party of foot towards the 

CHAP. I.] 

body of the enemy's horse, they being on a 
ground, upon that side inaccessible by horse. 
This obUged them to shift their station, and 
to draw up on a bank or rising ground a 
little more easterly ; and there they con- 
tinued till all their foot came up. These 
being arrived, the general advanced towards 
Wallace, and drew up his whole army upon 
the skirt of the same hill, whereof the col- 
onel had the ridge, which is called the 
Rullion Green. Being thus posted, the 
general orders out a great body of horse, 
attended with some foot, to attack the wing 
commanded by major Learmont. To meet 
those, Wallace orders out another party of 
horse flanked with foot. After firing on 
both sides, they close one upon another, and 
Wallace's foot force Dalziel's to give way. 



for the most part, and in the action ; 
which containing several particulars 
I have not met with elsewhere, and being 
but short, I have insert it here. 

Information sent to the author of this history, 
as to the rising in Gallowat/, dissipated at 
Pentland, November 1666, bij a minister 
present with the country army* 
" I was prevailed upon by Mr. Welsh, min- 
ister of Irongray, and some others, to join 
with that party in Galloway, sore oppressed 
by the inhumane cruelties of Sir James 
Turner, for their nonconformity to abjured 
prelacy. A little while after they had seized 
Sir James, that his cruelties in that corner 
might be stopt, and when they were resolving 
to march to Edinburgh, to represent their 

and his horse run also. A second party of j grievances, you know, they were broken at 

horse, the same way, come from the general 

upon the same wing, and a second party 

meet them with the same success, and chase 

them beyond the front of their army. But 

a third body of horse, for the general had 

abundance to spare, coming up, made Lear- 

mont's men retire up the hill to their first 

station : and thus the dispute is mostly 

upon the left wing of Wallace's army. When 

they had acquit themselves so gallantly, 

Dalziel advances his whole left wing of 

horse, upon the colonel's right, where he had 

scarce thirty weak horse to receive them. 

These were soon borne down, and the gen- 
eral carried the charge so briskly that all 

Wallace's companies gave way, were put 

out of their order, and never able to rally 

again. The slaughter was not very great. 

The colonel had happily placed his men, and 

most of them were upon the top of the hill, 

and got the easier off. It was almost dark 

night before the defeat ; and the horsemen 

who pursued, were most part gentlemen, 

and pitied their own innocent and gallant 

countrymen. There were about fifty of the 

countrymen killed, and as many taken pris- 
oners : a very few of Dalziel's men were 

killed, but several wounded. 

After I had formed the above narrative of 

this rising and defeat, there came to my 

hand a very distinct information of this 

affair, from an old reverend minister, who 

was present with Colonel Wallace's army 

Pentland Hills, many of the prisoners were 
executed, and those of any note who escaped 
were forfeited in life and fortune in absence, 
most illegally. In this Sir John Nisbet, 
king's advocate, was most active, and fearing 
after inquiries, he procured an act of the 
first parliament after, approving this piece of 

" The country people who came to Dum- 
fries, were commanded by Andrew Gray, 
and John Neilson of Corsack, and by a 
surprise apprehended Sir James Turner in 
his chamber in Bailie Finnie's. They soon 
after marched to the west country, having 
sent messages to their acquaintances in the 
neighbouring shires to assist them. 

" I took with me major Learmont, son-in- 
law to the laird of Annstoun, who lived 
near me, an officer of skill, great resolution, 
and courage. We met our friends on the 
hills above Galstoun. It was found neces- 
sary to halt a little in that country, till we 
should see if friends would join. Some 
went to Mauchlin, others to Tarbolton : 
the major and I went next day with about 
fifty horse to the town of Ayr to take up 
quarters. The magistrates fled, but we 
hearing where one of them was, obliged him 

* This minister evidently was Mr. William 
Veitch, settled after the revolution, first at 
Peebles and latterly at Dumfries, v/here he died 
in the mouth of JVlay, Yi'li. — Ed. 



l„^P to give billets for seven or eight 
hundred horse and foot. Here 
worthy Mr. Hugh M'Kail turned sickly, but 

" From Ayr we marched up the water 
toward Douglas, and from that to Lanark. 
Meanwhile, Dalziel and his forces were 
come west, to meet us, the length of Strath- 
aven ; but hearing we were got betwixt them 
and Edinburgh, they came close after us. 
When we came to Lanark, I know not if we 
were much above fifteen hundred horse and 
foot ; several indeed were daily joining us. 

but could have no access into the town, ali 
the ports being shut, and saw nobody that 
night, save old Mr. Arthur Murray, a min- 
ister turned out of his charge in Orkney : 
his wife essayed to get into the town with^a 
verbal message to the gentleman, but by no 
means could be admitted. 

" Next day, I went, through many diffi- 
culties, to our friends, who were now come 
from Collinton to Pentland Hills. When I 
had passed Roslin-muir, and was come to 
Glencourse water, I fell in almost with an 
advanced party of the king's horse ; but was 

There we had accounts the general i relieved by the rear of our friends. 

would be upon us that night. Presently a 
council of war was called, of officers and 
gentlemen, who communicate advices with 
the ministers. By the generality it was 
thought safest to bide at Lanark, the rains 
having made Clyde unpassable, except by 

" By this time, November 28th, a fair 
frosty day, after a sore night of frost and 
snow, when colonel Wallace got intelligence, 
that general Dalziel was coming from Currie 
through the hills, and a considerable party 
of our men were upon a hill, commanded by 

boats, which were broken ; and there was | Barmagachan, and Mi'. Crookshanks, and 
no great probability of the river's falling, i Mr. M'Cormock, two Irish ministers were 
and a few men might have prevented the with them. 

king's forces to come through it to us : but I " In about half an hour, lieutenant-gene- 
a letter at this time came to IVIr. Welsh and I ral Drummond, with a select party, were 
INIr. Semple, from a gentleman at Edinburgh, j sent against us upon the hill, but were beat 

off with some loss ; though the general 

who was a real friend, pressing us to come 
as near that place as might be, and giving 
hopes both of assistance and other necessar- 
ies. This altered the first project, and the 
army marched straight to Bathgate, under 
many inconveniencies ; and there being no 
accommodation there, we went forward to 

" There I was pitched upon to go in to 
the town, and converse with that gentleman, 
if possible. When I came thither, all the 
roads were guarded, and my lord Kingston 
with some forces, keeping the main guard at 
Brandsfield-links. Having taken by-roads 
till I came to Libberton Way, I was stopped 
at the Wind-mill, and carried to my lord 
Kingston. I made a shift to satisfy him, by 
desiring two soldiers to go with me to the 
dean of Edinburgh, Mr. Lawrie,and he would 
know me. My lord was very civil, and told 
me, Mr. Lawrie and his friends would be 
retired for safety to the Castle, and dismissed 
me, which was a very proAidential deliver- 
ance to me ; for just as I was going off, I 
saw Mr, Hugh M'Kail brought in prisoner 
to my lord. I lodged in the Potter-row, 

assured those about him, that party would 
do our business, and the rest needed only 
stand and see fair play. When the lieuten- 
ant-general was driven back, there was no 
small confusion among the armj', and not a 
few threw down their arms; yea, Drummond 
himself owned afterwards to Mr. James 
Kirkton, from whom I have the account, 
that if we had pursued the chase, in the 
confusion they were under, the general's 
army might have been ruined. Mr. Crook- 
shanks and Mr. M'Cormock were both 
killed in this rencounter. 

" Major Learmont commanded the second 
attack, when we beat the enemy again, and 
duke Hamilton narrowly escaped, by dean 
Ramsay's warding off' a blow a countryman 
was just giving the duke. The general sent 
up a party who relieved the duke, beat back 
the major : his horse was shot under hira, 
and falling, he stepped back a little to a 
fold-dike, and killed one of the four horse- 
men who pursued him, mounted his horse, 
and came safe off" from the other three. 

" The last encounter was after sunset, 

CHAP. I.] 

when the general's foot, flanked with their 
horse upon all hands, overpowered us, broke 
our ranks, and we gave way. Our horses 
not being trained, was a great loss to us. 
Many more had been killed and taken, had 
not the night prevented it. I fell in with 
a whole company of the enemy, who taking 
me in the dark for one of their number, 
carried me down the hill a little with them 
in the pursuit, till I got to a side, and 
having a sturdy horse, turned oft" from them, 
and was pursued, but happily escaped."* 

It is scarce worth while to take notice of 
the misrepresentations the English historians 
give of this rising and engagement. That 
part3'-writd' of the caveat for the Whigs, 
published toward the close of the last reign, 
in order to corrupt the commonalty of 
England, and dispose matters for the present 
attempt of the pretender (1715) hath as 
many lies as words almost in his account 
of this matter. He pretends this rising was 
in concert with the Whigs in England, and 
the republicans in Holland ; whereas it 
was entirely unconcerted. He talks of the 
leaders of their troops being tailors, and 
outed preachers ; that five hundred of them 
were killed at Pentland, and near a hundred 
executed. So gross misrepresentations need 
no reflections. 

jNIr. Eachard, Hist, of England, vol. HI. 
in his accounts of this matter, hath copied 
several of the blunders formerly printed by 
his countrymen. He insinuates a corre- 
spondence betwixt the presbyterians in Scot- 
land and those in England, without the least 
proof; and indeed it was not capable of 
proof, such a correspondence not being prac- 




* Mr. Veitch has recorded a still more extraor- 
dinary escape, that he had upon the Friday 
following:, on the night of which, he had gone 
upon some business to the house of his landlord, 
the laird of Auldstain or Austane, who, was 
father-in-law to major Learmont. In hopes of 
finding this latter gentleman, Dalziel's troop of 
dragoons, were in the very act of surrounding 
the house, when Mr. Veitch approached. Being 
attired in a country habit, the same as a common 
peasant, he went boldly forward to one of his 
neighbours, who was holding five of the troopers' 
horses, and accosting him familiarly by his name, 
inquired what he thought of the weather, or, if 
it was to be snow. His neighbour with the 
came presence of mind, accosted him by the name 
of Willie, and gave him two of his horses to 
hold, which he did till the search was over, 

ticable,considering the circumstances 
narrated above. His bite upon major 
Learmont, that he had been formerly a 
tailor, is not worth noticing.^ I know not 
what truth is in the fact ; but I could give 
instances of tradesmen in their youth, who 
have gone into the army, and proved eminent 
in the art of war; and the major's bitterest 
enemies owned him to be a very good officer. 
What follows is aplain falsehood, that most of 
their officers were cashiered preachers. And 
though several of the outed ministers were in 
company with the west country army, there 
was not one of them an officer or had any 
command over the soldiers. Presbyterian 
ministers leave those things to another set 
of clergymen, who claim the privilege of a 
double capacity, and act in it where they 
see it for their interest ; and, under pretext 
of their temporalities, can make a shift to 
be princes palatines, members of parliament, 
lords high treasurers, plenipotentiaries, pre- 
sidents of the privy council, and what not. 
Mr. Eachard has known very little of the 
story, when he talks, they were met in the 
height of their power by the king's forces. 
A third part of those who had been together 
the day before the engagement, were not at 
the battle ; and, considering all things, it 
was much so many of them kept together. 
Those things indeed are scarce worth the 
observing, were it not, if possible, to prevent 
other subsequent historians from copying 
after Mr. Eachard, as he has done from 
those that went before him, in our Scots 
affairs, to which they have been very much 

Those remarks upon Mr. Eachard, relate 

when, with his bonnet under his arm, he held 
the stirrups to the troopers mounting their 
horses, who, immediately rode off, without 
suspecting who had been their assistant. Vide 
Life of Veitch, by Dr. M'Crie, pp. 4«5, iG.—Ed. 
f Law in his memorials has stated, that Lear- 
mont was a tailor to his trade, (p. 216,) on 
what evidence does not appear, but it is cer- 
tain, that he was proprietor of the lands of 
Newholme, which lay partlj' in the shire of 
Peebles and partly in the shire of Lanark. 
[Sampson's Riddle, 48.] After his forfeiture 
tor being in the rising at Pentland, his 
brother-in-law William Hamilton of Wishaw, 
writer in Edinburgh, in consequence of a 
composition obtained a donation of the estate 
of Newholme, for the behoof of his family. — 
M'Crie's Life of Veitch, &c. pp. 79, 480— ^c?. 




likewise to the author of the Com- 
plete History of England, whom, in 
Scots aftairs the archdeacon pretty closely 
follows ; only the bishop hath an ill-natured 
turn, the rigid presbyterians, says he, were 
as mutinous as the popish tories in Ireland. 
This must be reckoned a spiteful, as well as 
an ignorant comparison, since, as the pres- 
byterians were not as yet, with any colour 
of reason, to be divided into rigid and not 
rigid, they all, without exception, owned 
the king's authority, and submitted to every 
thing save episcopacy ; so there was no 
mutiny in the case, but horrid oppression 
from the soldiers hounded out by the pre- 
lates, which this author might have known 
from Naphtali, and other printed accounts, 
and so spared this odious comparison. 

After this engagement, November 28th, 
1666, the country people were very cruel 
to the poor fleeing men. Many of them 
were killed, and severals taken priso- 
ners by the people in the parishes round 
about. I am well informed, that some 
visible judgments of God did come upon 
some of them for their cruelty and murder. 
Colonel Wallace and Mr. John Welsh fled 
over the hill northward; and when they had 
turned their horses from them, entered into 
a countryman's barn that night ; and, after 
some very refreshing rest, got off" undis- 
covered. We shall afterwards meet with 
Mr. Welsh about his Master's work. The 
colonel, after some wanderings, got over to 
Holland, and lived many years there; but 
never returned to his native country. 

Thus was this body of good people broken 
and dissipated. It was next to a wonder, 
and can scarce be accounted for, except 
from the goodness of their cause, that they 
were so brave on this day of their defeat, if 
either the constitution or circumstances of 
such an army be considered. They were 
but a small handful of untrained, undisci- 
plined countrymen, who had never seen 
war; they had very few officers, and these 
had little authority. Every private man in 
such a gathering, readily must either be let 
into the secrets of the council of war, other- 
wise he is in hazard of clamouring his 
neighbours in the company into a mutiny, 
and then of deserting upon a scruple. So 


hard a matter did admiral Chattilon find it ] 
to command an army of volunteers. And I 
the inexpressible hardships the poor people i 
had been under for some time before their ' 
engagement, heighten the wonder. The 
commanding officer, colonel Wallace, was a ' 
gentleman, a good soldier, bold and resolute; ; 
but such an undertaking was for a man of ] 
miracles. Their enemies very much com- 
mended their gallantry and courage ; and i 
yet under such disadvantages as they had to j 
wrestle with, they could not but give way. | 
Two parts of their company had deserted 
them ; they were perfectly spent and wearied, | 
and surprised under a begun treaty, and . 
overpowered with numbers of fresh horse | 
and men, many of them disciplined troops, j 
and none of them under their difficulties I 
and discouragements. They always pro- '■ 
tested and declared, their only design was l 
to present their grievances, and testify for 
their God and their country, for religion and ' 
liberty; and herein holy and infinitely wise 
providence accepted of them, and smiled i 
upon them, albeit not in a way of victory ; 
and success, yet in the road of noble and I 
unshaken steadfastness and suffering, which ■ 
turned very much to the advantage of the \ 
interests they appeared and testified for. — j 
This account shall be concluded with the j 
letter the council wrote to the king, the j 
day after this engagement. I 

" May it please your majesty, 1 

" Since the first notice we had of the late I 

insurrection in the west, we have from time | 

to time given an account of it, and the pro- ; 

ceedings against it, to the earl of Rothes, to \ 

be communicated to your majesty : and now . 
we presume, by this humble and immediate 

address, to make known to your majesty, 1 

that yesterday in the afternoon, the general, ! 

and noblemen with him, and your forces \ 

under his command, gave them a total rout ■ 
at the south side of Pentland Hills, about 

seven miles from Edinburgh. Many of i 

them were killed in the field. There be i 

several prisoners, against whom there shall ; 

be speedy proceedings, according to the : 

laws against traitors : and if night had not ,; 

prevented your majesty's forces in the pur- J 

suit of the rebels, none of them had escaped, j 


And although this rabble be totally dissi- | Now the prelates made a terrible , . 
pated for the time, yet we conceive ourselves clamour, and took care to load the 



Sir R. Murray. 

obliged, in the discharge of our duty, to 
represent unto your majesty, that those 
principles which are pretended as the ground 
of this rebellion, are so rooted in many 
several places through the kingdom, and 
there be such just grounds of apprehensions 
of dangers, from persons disaffected to your 
majesty's government, as it is now estab- 
lished by law, as will require more vigorous 
application, for such an extirpation of it as 
may secure the peace of the kingdom, and 
due obedience to the laws : and we shall 
not be wanting in any thing in our power; 
and your majesty's commands shall be 
obeyed by 

" Your majesty's most, &c. 

" St. Andrews, 

" Montrose, 






« Edlnburgli, Nov. 29th, 1666." 
This letter breathes forth a spirit of 
cruelty peculiar to the president and prelates. 
I make no reflections upon it : they fairly 
own the prejudice generally prevailing now 
against the prelates for their oppression, 
and inclinations toward a freedom from 
that yoke ; and seek further severities, and 
a standing army. But I come now to give 
account of the sufferings of those taken at 

Of the sufferings and execution of such wlio 
were taken at Pentland, luith some reflec- 
tions tij)on their death. 

Having given an unbiassed account of this 
rising, as far as my materials would carry 
me, I come next to offer some short narra- 
tive of the cruelties exercised upon so man}' 
of this broken party, as came into the 
managers' hands. Many came to be sharers 
with them in sufferings, who had not been 
up in arms with them, as may afterwards 
come to be noticed. 

whole body of presbyterians, ministers, and 
people, as concerned in this rising; and 
misrepresented them as rebels, enemies to 
the government, and what not: and a handle 
was taken from this appearance in arms 
which was very far from being any concert 
among presbyterians through the nation, to 
violent and bear down all of that designation, 
ministers and peojjle, as common enemies. 

The utmost care had been taken, before 
and after the battle, to prevent their escape. 
Upon the country peoples' moving from 
Collinton, the council sent one Patrick Mur- 
ray to Tevoitdale, to acquaint the heritors, 
the rebels were moving eastward, and all 
the passes were appointed to be guarded. 
Immediately after the engagement, they send 
expresses to Berwick, to stop the rebels 
who came to the borders ; and likewise 
order earls Annandale, Nithsdale, and lord 
Drumlanerk, and others in that country, to 
keep the forces together they had raised, in 
order to apprehend the rebels upon their 
return. Also the forces at Linton Bridge, 
are ordered to keep together till Saturday's 
night. Next day, November 30th, the lord 
treasurer is ordered by the council, to secure 
all the goods and rents belonging to any of 
the rebels indicted or to be indicted, and to 
intromit with them; with a reservation of 
their dues i-esting to their masters : and all 
hazard being now well nigh over, the council 
give liberty to all the forces in the Merse, 
Tevoitdale, and the Forest, (Ettrick Forest) 
in Dumbarton and Stirling shires to dismiss. 

After all this care in the council, now 
managed by the primate, I need scarce 
notice, that the difficulties and hardships of 
many who had got off from Pentland with 
their lives, were very great : not a few who 
had escaped the sword at Rullion Green, 
were most cruelly murdered by the country 
people ; the common people, in many places 
about, wanted the bowels of men, not to 
say Christians, toward the scattered party. 
Yea, so inhumane were some, as to break 
in upon the graves of those who had been 
buried, that they might get the linen some 
good people in Edinburgh had provided to 
bury them in ; and multitudes were forced 




for many years to lurk and hide 
themselves, and undergo inexpres- 
sible hardships, having their life as it were, 
every day in their hand. 

To render their life more uneasy, and to 
involve others who should show them the 
least favour, a proclamation comes out, 
December 4th, which I have insert as a 
note.* There is a reference made here to 
their former proclamation, making it treason 
to assist, supply, or correspond with any 
that had risen in arms ; and that no subject 
may harbour, reset, hide, or conceal any of 
them, or they must be brought to trouble j 
therefore. The names of about sixty are | 
set down ; and the proclamation adds, " or 
any others who concurred or joined in that 
rebellion;" with certification, that all who 
fail herein, shall be reputed guilty of their 
crime. The hardships of this are plain, and 

* Proclamation discharging the receipt of the 
rebels, December ^th, 1666. 

Charles, by the grace of God, king of Scotland, 
England, France, and Ireland, defender of the 
faith, to all and sundry our lieges and subjects 
whom these presents do or may concern, greet- 
ing : forasmuch as, upon the first notice given 
to our privy council, of the rising and gathering 
of these disloyal and seditious persons in the 
west, who have of late appeared in arms, in a 
desperate and avowed rebellion against us, our 
government and laws, we declare them to be 
traitors, and discharged all our subjects to assist, 
reset, supply, or correspond with any of them, 
under the pain of treason : and the said rebels 
and traitors being now, by the blessing of God 
upon our forces, subdued, dissipated, and scatter- 
ed, and such of them as were not either killed 
or taken in tlie field, being lurking in the 
country; and we being unwilling that any of 
our good subjects should be ensnared or brought 
in trouble by them, we have therefore, by the 
advice of our privy council, thought fit again 
hereby to discharge and inhibit all our subjects, 
that none of them offer or presume to harbour, 
reset, supply, or correspond, hide or conceal the 
persons of colonel James Wallace, major Lear- 

mont, Maxwell of Monrief younger, 

Maclellan of Barscob, Gordon of Parbreck, 

Maclellan of Balmagachan, Cannon of 

Burnshalloch younger, Cannon of Barley 

younger, Cannon of Mordrogget younger, 

Welsh of Skar, Welsh of Cornley, 

Gordon of Garery in Kells, Robert Chalmers 
brother to Gadgirth, Henry Grier in Balmac- 
lellan, David Stot in Irongray, John Gordon in 
Midton of Diilry, William Gordon there, John 
Macnaught there, Robert and Gilbert Cannons 

there, Gordon of Bar elder in Kirkpatrick- 

durham, Patrick Macnaught in Cumnock, John 

Macnaught his son, Gordon of Holm 

younger, Dempster of Carridow, 

of Dargoner, of Sundiwall, Ramsay in 


likewise the uselessness of inserting so many 
of their names ; since converse &c. with 
such who are not named, runs a person as 
deep in guilt, as with such as are named. 
I shall make no reflections on the list in 
the proclamation. John Semple is named 
among the ministers, and every one was 
ready to take it for John Semple, minister at 
Carsfairn, whereas he was no way concerned 
in this business. Accordingly, I find this 
pious plain man, upon the 13th of Decem- 
ber, petitioning the council, " that whereas 
one of the same name with him, is insert in 
the late proclamation, as among the rebels, 
whereby he and his family living peaceably 
these fifteen months at Currie, in their old 
age, he being sixty-four, and his wife seventy 
years, are brought to great trouble, craving 
redress." Which being found true, the 
council permit him to live still there, and 

the Mains of Arniston, John Hutchison in New- 
bottle, Rew chaplain to Scot^tarbet, Patrick 

Liston in Calder, William Liston his son, James 
Wilkie in the Mains of Cliftonhall, the laird of 
Caldwell, the goodman of Caldwell, the laird of 
Kersland, the laird of Bedlandcunningham, 

Porterfield of Quarrelton, Alexander Por- 

terfield his brother, Lockhart of Wick«t- 

sliaw, Trail, son to Mr. Robert Trail, 

David Poe in Pokelly, Blr. Gabriel Semple, 
John Semple, Mr. John Guthrie, Mr. John 
Welsh, Mr. Samuel Arnot, Mr. James Smith, 

Mr. Alexander Pedin, Mr. Orr, Mr. 

William Veitch, Mr. Patton, Mr. 

Cruikshanks, Mr. Gabriel Maxwell, Mr. John 
Carstairs, Mr. James Mitchell, Mr. William 
Forsyth, or any others who concurred or joined 
in the late rebellion, or who, upon the account 
thereof, have appeared in arms in any part of 
that our kingdom ; but that they pursue them 
as the worst of traitors, and present and deliver 
such of them as they shall have within their 
power, to the lords of our privy council, the 
sheriff of the county, or the magistrates of the 
next adjacent burgh royal, to be by them made 
forthcoming to law : certifying all such as shall 
be found to fail in their duty herein, they shall 
be esteemed and punished as favourers of the 
said rebellion, and as persons accessory to, and 
guilty of the same. And to the end, all our 
good subjects may have timous notice hereof, 
we do ordain these presents to be forthwith 
printed, and published at the market-crosses 
of Edinburgh, Ayr, Lanark, Glasgow, Irvine, 
Wigton, Kirkcudbright, Dumfries, and rema- 
nent market-crosses of our said kingdom : and 
we do recommend to the right reverend our arch- 
bishops and bishops, to give orders that this our 
proclamation bewithaU possible dilligence read on 
the Lord's day, in all the chiu-ches within their 
several dioceses. Given at Edinburgh, the fourth 
day of December, and of our reign the eighteenth 
year, one thousand six hundred and sixty-six. 

CHAP. I.] 
confine him to that place, and four miles 
about it. The laird of Caldwell, and his 
neighbours before mentioned, had no legal 
evidence against them, of their being up in 
this rebellion. I have been informed, sev- 
eral here named were not concerned at all 
in the rising ; and Mr. John Crookshanks was 
killed, and nobody in hazard of reset or 
converse with him. It may be of some more 
importance to observe, that upon December 
1st, the council without any previous trial, 
give orders to general Dalziel, "to search 
for and apprehend all persons and their 
horses, who have been in arras with the 
rebels, or are suspected since, or before the 
defeat, or who have reset, or being aiding to 
them, and to intromit with their goods ; and 
require him to quarter upon their lands with 
his forces ; and duke Hamilton is appointed 
to seize all such in Lanarkshire." This is 
throe days before the former proclamation, 
which is pretended to be so much for the 
good of the lieges ; and surely these orders 
were either unreasonable, or the proclama- 
tion very useless, unless it be to convey 
down to posterity, the names of those who 
made so gallant a stand for theii" most valu- 
able concerns. 

Together with this proclamation, I find 
in the council registers an act of the same 
date, against presbyterian ministers, entitled, 
" act against deposed ministers." It runs 
thus, " The lords of his majesty's privy 
council being informed that there are many 
deposed ministers who have transgressed 
the act of council, of the date August 
13th, 16G3, in not removing themselves and 
families out of their respective parishes, 
where they were incumbents, and not resid- 
ing within twenty miles thereof, six miles of 
Edinburgh, or a cathedral church, and three 
miles of any royal burgh, whereby they 
ought to be proceeded against as movers of 
sedition : therefore they require the arch- 
bishops of St. Andrews and Glasgow to 
ordain all bishops within their several sees, 
to cause all ministers within their respective 
dioceses, give up a list of such ministers' 
names, and of the place of their residence, 
and in what manner they have transgressed 
the said act, and report to the archbishops, 
and they to the council." It hath been 



formerly remarked, that obedience i„^„ 
1 • ■ ,1 lo66. 

to this act was next to impossible ; 

and now the primate reckons it a good season 
to harass his (once) brethren, and hound out 
the army upon them, in order to throw the 
odium of this rising upon them, when mean- 
while they were living peaceably. 

I shall make one observe further, before 
I come to give account of the severities 
upon such who were taken at Pentland ; 
and that is, this disaster, and the cruelty 
following on it, not only was matter of great 
grief and heartbreak to the most part of any 
piety and seriousness through Scotland, but 
really hastened some to their grave. One 
instance shall suffice, of that worthy old 
minister Mr. Arthur Murray, who was upon 
the matter a sufferer with those worthy 
persons, unto death. This good and aged 
man was living in the suburbs of Edinburgh, 
through which Dalziel's soldiers marched in 
triumph. When he opened his window, 
and saw them display their banners, and 
heard the shouts of the soldiers triumphing 
over the prisoners, he was struck to the 
very heart, took his bed immediately and 
died in a day or two. 

But leaving those accessory sufferers, I 
come to those who were taken in the 
engagement itself. The prisoners, about 
fifty in number, who were taken at the battle, 
were brought in by the soldiers to Edin- 
burgh, and the country people brought in 
about thirty more ; they were all crowded 
together by the magistrates of Edinburgh, in 
a place near the tolbooth, called Haddocks 
Hole, which of late is turned to a better use. 
The late French king, I am told, turned the 
noble and capacious church at Charenton, 
near Paris, to a draughthouse ; and this 
place out of which those innocents were 
taken, as sheep for the slaughter, is since 
converted to a church. Some of the better 
sort were put into the tolbooth, and as the 
council promise in their letter to the king, 
" very quick despatch was made of them." 
Bishop Sharp the president, pushed violently 
the prosecution and execution of the pris- 
oners ; and indeed his bloodthirsty temper 
at this time made him very odious. I am 
well informed, that after some of them were 
condemned, and a few executed, a letter 




came down from the king discharg- 
ing taking any more lives. This 
letter came to the primate as president, and 
ought to have by him been communicate to 
the council ; but the bloodthirsty man kept 
it up, till as many, as he had a mind should 
die, were despatched.* This foul act of his 
he was very justly charged with, by the 
persons who some years after this, took away 
his life ; and when he cried pitifully for mercy, 
he was told, that as he never showed mercy 
to others, so he was to expect none from 
them. This base breach of trust was of a 
piece with another step he took about tliis 
time. When the country people were rising 
in the south and west, he wrote up a letter 
to Lauderdale or Rothes, to be commun- 
icated to the king, wherein he signified, that 
all went well in Scotland, and that every 
man was in his duty, except the few fanatics 
who were in arms, whom he feared not. At 
the same time he wrote a letter to another 
nobleman at court, wherein he asserted all 
was wrong, scarce any were faithful to the 
king, and they were all sold. Both the 
letters of the same date, were read to the 
king, who now saw his dishonesty and double 
face, which he would never believe before, 
although he had several hints of it given 
him. After this, I am told, the king never 
gave him that credit he had with him before, 
and trusted him very little. 

However, at this time, with a great deal 
of willingness he presided in council. When 
they met, the first thing before them was, 
what they should do with the prisoners. It 
seemed very natural to think they had their 
lives spared by the king, in as much as they 
had quarters given them, by such who had 
the king's commission to kill or to save 
alive ; and Grotius, De Jure Belli et Pads, 
determines,^c/e.? est etiam rebeUibus servanda : 
but this reasonable and merciful construc- 
tion, agreeable to all the rules of war, was 
too moderate for our cruel bishops, and 
what their party in council would not hear 
of. And so in the first letter writ when the 

* Burnet says this letter was sent by Burnet, 
archbishop oF Glasgow, and that it ivas by him 
kept up till after the execution of Mr. Hugh 

M'Kail Burnet's History of his Own Times, 

vol. i. p. 3ie Ed. 

[BOOK ir. 

prisoners were brought in, the president 
according to his cunning way of doing busi- 
ness, shuffled in the clause we have seen in 
their letter to the king, to prelimit their 
procedure, " that they would prosecute them 
with all despatch." When this matter came 
to be reasoned at the council table, Sir John 
Gilmour the best lawyer among them, de- 
clined peremptorily to give his judgment, 
knowing, as was then said, that if he gave 
his opinion for taking of their lives, he would 
go against both law and conscience ; and if 
he voted for sparing them, he would offend 
both the president and prelates. It fell very 
unhappily to one of the best of the coun- 
sellors, to give it as his opinion, when others 
were silent, that though the prisoners had 
their lives given them in the field as soldiers, 
yet this did not prejudge their trial in law 
as subjects. This was greedily backed by 
the president, and insisted on as an oracle, 
and gone into by the council, such who 
were against it inclining to be silent ; and 
the council remitted them to the criminal 
court. They say that general Dalziel, when 
he had the accounts of this, cursed and 
swore terribly, and said, were he to serve the 
king never so long, he should never bring in 
a prisoner to be butchered. 

Accordingly I find this council, upon the 
4th of December, order the king's advocate 
to pursue a process of forfeiture against 
eleven of the prisoners, who were picked 
out for the first bloody sacrifice : major 
John M'Culloch, a reverend old gentleman, 
captain Andrew Arnot, brother to the laird 
of Lochridge, Thomas Paterson, merchant 
in Glasgow, who was sentenced with the 
rest, but died of his wounds in prison ; the 
two Gordons of Knockbreck, John Parker 
in Busbie, Gavin Hamilton, James Hamilton 
in Kilmuir, John Ross in Mauchlin, John 
Shields in Titwood, tenant to Sir George 
Maxwell of Nether-pollock, Christopher 
Strang, tenant in Kilbride. Those are to be 
indicted before the criminal court, or rather 
two criminal judges, for treason and rebel- 
lion : and the council allow them Sir George 
Lockhart, Sir George Mackenzie, Mr. Wil- 
liam Maxwell, and Mr. Robert Dickson, for 
advocates. So upon the same day, Sir John 
Hume of Renton, justice clerk, one of the 

CHAP. I.] 

greatest zealots for the prelates in Scotlanil, 
and Mr. William Murray advocate, justice 
depute, sit down a§ their judges, in the 
tolbooth of Edinburgh. They heard the 
advocates plead a little for form's sake ; but 
very quickly they came to sentence, finding 
them guilty, and ordering them to be hanged 
at the Cross of Edinburgh, upon the 7th of 

That the reader may have a full view 
of the reasonings ^;ro and con,, and the 
method taken with these worthy persons, I 
have inserted at the foot of the page the 
whole of their process, extracted out of the 
records of the criminal court, and the coun- 
cil's act as to the disposal of their heads 
and arms.* This extract is in print in a 



begun account of the sufferings of 
these times, entituled " Sampson's 
Kiddle." That work being stopt in Holland, 
by the gentleman's death who was at the 
charges of it; and that imperfect part of 
which was got printed, being but in the 
hands of a few, I have here, in the Notes, 
taken several original papers relative to the 
sufferers at Pentland, from it, after I had 
collated them viith the justiciary records. 
In the meantime, to satisfy the reader's 
longing, he may here take a short account 
of that process from the unsuspected hand 
of Sir George Mackenzie, in his Criminals, 
Part II. Tit. 16. Par. 2d. " The most con- 
siderable military questions, saith he, which 
I remember in all the adjournal books, are 

* Process against captain Andrew Arnot, §'c. 
December ith, 1666. 
The process and indictment of these first ten 
martyrs of Jesus Christ, who (besides Thomas 
Paterson who died of his wounds in the tol- 
booth) suffered together at Edinburgh, De- 
cember 7th, 1666. 
Curia justiciaria S. D. N. regis, tenta in praeto- 
rio burtji de Edinburgh, quarto die mensis 
Decembris,1666,per domiimm Joannem Hume 
de Rentoun, justiciarise clericum, et Guliel- 
mum JMuiTay advocatum, justiciarum depu- 

Curia legittime affirmata. 
Captain Andrew Arnot, 
Major John M'Culloch, 
Gavin Hamilton in Mauldslie in Carluke 

John Gordon of Knockbreck, 
Christopher Strang tenant in Kilbride, 
Robert Gordon brother to John Gordon of 

John Parker walker in Kilbride parish, 
John Ross in Mauchlin, 
James Hamilton tenant in Killimuir, 
John Shiels in Titwood. 

You, and ilk one of you, are indicted and 
accused for that, albeit by tha common law, and 
the law of nations, and the law and practick of 
this kingdom, and many clear and express acts 
of parliament, the rising of his majesty's sub- 
jects, or any number of them, and the joining 
and assembling together in arms, without com- 
mand, warrant, or authority, and speciaUy, 
when the same is not only without, but against, 
and in opposition to his majesty's authority and 
laws, are most horrid and heinous crimes of 
rebellion, treason, and lese-majesty, in the high- 
est degree, and all persons committing, and 
guilty of the said crimes, or any wise accessory 
thereto, or who doth abet, assist, reset, inter- 
commune with, or keep correspondence with 
such rebels, or any wise doth supply them in 
any manner of %vay; or being required by 
proclamation, or otherwise, doth not rise with 
and assist his majesty's lieutenant-general, and 

others having power and authority, for repress- 
ing these rebels, ought to be proceeded against, 
and severely punished as traitors, conform to 
the laws and acts of parliament of this kingdom : 
and in particular, it is statute and ordained, by 
the third act of king James 1. his first parlia- 
ment, that no man openly or notourly rebel 
against the king, under tlie pain of forfeiting 
life, lands, and goods; and by the twenty-seventh 
act of the said king Jameshis second parliament, 
it is statute, that no man wilfully reset, maintain, 
nor do favour to open and manifest rebels, 
against the king's majesty, and common law, 
under the pain of forfeiture ; and by the four- 
teenth act of king James II. his sixteenth 
parliament, entituled, " that no rebel against the 
king's person or authority," it is statute, That 
whosoever doth rebel against the king's person 
and authority, or makes wur against the king's 
lieges, that they should be punished according 
and after the quality of their offence and rebel- 
lion ; and by the twenty-fifth act of the said 
king James II. his sixth parliament, entituled, 
"sundry points of treason," it is statute, That if 
any man commit or do treason against the king 
his person or authority, or rise in feir of war 
against him, or resets any that has committed 
treason, or supplies him in help, red or counsel, 
shall be punished as traitors; and the hundred 
and forty-fourth act of king James VI. his 
twelfth parliament, it is statute. That wherever 
any declared traitors or rebels repair in any place 
of this realm, none of our sovereign's lieges sliall 
presume to reset, supply or intercommune with 
them, or to give any relief or comfort ; and that, 
immediately upon knowledge of their repairing 
to the bounds, all his highness's obedient subjects 
do their exact diligence in searching and appre- 
hending the said traitors and rebels, and that 
with all speed thej' certify his majesty, or some 
of his secret council, or some chief persons of 
authority and credit within the shire, that such 
rebels are within the same, under the pain that 
the said traitors and rebels ought to sustain, if 
they were apprehended, and convict by justice : 
likeas by the fifth act of his majesty's late 
l)arliament, and first session thereof, it is declar- 
ed, that it shall be high treason to the subjects 



first, that which was debated De- 
cember 3th, 1666, the case whereof" 

was : some west country men had formed 

themselves in an army, and were declared 

of this kingdom, or any number of them more 
or less, upon any ground or pretext whatsomever 
to rise, or continue in arms, to make peace or 
war, or make any treaties or leagues with 
foreign princes or estates, or amongst themselves, 
without his majesty's special authority or appro- 
bation first interponed thereto ; and his majesty's 
subjects are disciiarged, upon any pretext what- 
somever, to attempt any of these things luider 
the said pain of treason : and by the seventh act 
of his majesty's foresaid parliament, and first 
session thereof, all his majesty's subjects are 
discharged and inhibited, that none of them pre- 
sume, upon any pretext or authority what- 
somever, to require the renewing or swearing 
the league or covenant, or of any other covenant 
or public oaths, concerning the government of 
the cliurch or kingdom, without his majesty's 
special warrant and approbation, and that none 
of his majesty's subjects oifer to renew, or swear 
the same, without his majesty's warrant as they 
"will be answerable at their highest peril : never- 
theless, ye, and your complices, shaking off all 
fear of God, and conscience of duty, allegiance 
and loyalty to his sacred majesty, your native 
and sovereign prince, and natural tenderness to 
your country, have most perfidiously and trea- 
sonably contravened the said laws and acts of 
parliament, and committed the said crimes in 
manner after-specified: in so far as this his 
majesty's ancient kingdom, having for many 
years suffered and endured all the calamities, 
miseries, tragical effects and consequences of a 
civil and intestine war, and foreign usurpation; 
and now, after his majesty's happy restitution, 
beginning to recover, of so long and wasting 
a consumption, through the blessing of God, 
and his majesty's incomparable goodness and 
clemency, having by an act of oblivion secured 
the lives and fortunes of you and others, who 
were conscious to themselves, and might have 
justly feared_ to be under the lash and compass 
of law and justice ; and when his majesty and 
his good people had just reason to expect security 
and quiet at home, and assistance against his 
enemies abroad ; yet ye and a party of seditious 
persons, retaining and persisting in your invet- 
erate disloyalty and disaffection to his majesty's 
government and laws, did take advantage and 
opportunity of the time, when his majesty was 
engaged in a chargeable and bloody war with 
divers his neighbour princes and states, being 
jealous of and envying his majesty's greatness 
and prosperity, and the happiness of these 
kingdoms under his majesty's government, and | 
having contrived and projected a most horrid ! 
insurrection and rebellion, tending to involve 
again his majesty's kingdoms in blood and con- | 
fusion, and to encourage and strengthen his 
enemies, did rise, convene, and assemble your- 
selves together in arms, and, upon the day 

of November last, did march to, and enter 
within his majesty's town of Dumfries, in an 
hostile manner, w'ith your drawn swords and 
other arms, and did beset the house where Sir 
James Turner, one of the officers of his majesty's I 
forces, was lodged for the time, and did violently 

[book II, 

traitors by the council, and being thereafter 
beat at Pentland Hills, captain Arnot, major 
M'Culloch, and others, were taken by some 
of his majesty's inferior officers upon quarter : 

seize upon the said Sir James his person and 
goods within his lodging, and did detain and 
carry him about with you captive and as a 
lawful prisoner taken from an enemy, and did 
search for and would have taken the minister x>f 
the said town, if he had not escaped ; and while 
ye were in the said town, ye and your complices 
did many other acts of insolence and rebellion, 
and having in manner foresaid, openly avowed 
and proclaimed your rebellion, in so public and 
insolent a way, to the great contempt and att'ront 
of authoritj', ye and your complices, in pursu- 
ance thereof, by yourselves and others your 
emissaries and instruments, sent up and down 
through the coimtry, of purpose to be trumpets 
of your sedition, did convocatc his majesty's 
people and subjects, and did endeavour to stir 
them up and persuade them to join in the 
foresaid rebellion, and did seize upon the persons, 
horses, and arms, and plunder and rifle the 
goods and houses of divers his majesty's good 
subjects, and in special of faithful and loyal 
ministers, and by seditious sermons, insinua- 
tions, and other practices, did so far prevail 
within the stewartry of Kirkcudbright, and 
shire of Wigton, and shires of Ayr, Lanark, 
and other western shires, the many persons 
flocking and resorting to you, ye had the bold- 
ness to send a considerable party to his majesty's 
town of Ayr, and did seize upon and take all 
the arms were there, and not being content to 
proceed to the height of i-ebellion in manner 
foresaid, ye and your complices did presume to 
regulate your monstrous and irregular rebellion, 
in the formality and frame, and under the name 
and notion of an army, and to form and model 
yourselves in troops, companies, regiments, and 
to name captains of foot, commanders of troops, 
and other officers, under the command of James 
Wallace of Achens, Joseph Learmont, and other 
persons of known disaffection to his majesty 
and his government; and though his majesty's 
lieutenant-general did march speedily for repress- 
ing the said rebellion and insurrection, and his 
majest5''s privy council did emit and issue a 
proclamation, declaring the said insurrection 
to be a manifest and horrid rebellion, and high 
treason, and commanding the said rebels to 
desist and lay down arms ; with certification, if 
they should continue in their rebellion, they 
should be proceeded against as desperate and 
incorrigible traitors, and discharging all his 
majesty's subjects to join, reset, supi>ly, or inter- 
commune with them, and commanding them to 
rise and join with his majesty's lieutenant- 
general, and the forces under him, ixnder the 
pain of treason ; yet ye and your complices did 
obstinately continue, and march in arms through 
the country with your modelled ai'my, as if you 
had been an enemy, and incapacity to encounter, 
and dispute by arms with your sovereign lord 
and his forces, and did in a warlike and hostile 
manner and posture, enter within his majesty's 
town of Lanark, and there upon IMonday the 
26th of November last, to palliate your rebellion 
with the colour of religion, did renew and take 
the oath of the covenant, and thence did march. 


but being pannelled before the justices as 
traitors, it was alleged for them, that they 
could not be put to the knowledge of an 
inquest before the justices, because they 

quartering all alongst upon, and oppressing his 
majesty's subjects, until ye had the boldness and 
confidence to approacli within two miles of his 
maji'sty's city of Edinburgh, where his majesty's 
judicatories and lords of his majesty's privy 
council and session were sitting for the time ; 
and having quartered all night within the parish 
of Collinton, at so near a distance from the said 
city, ye and your complices,- upon Wednesday 
the 28th of the said month of November last, did 
dare and presume to encounter, engage, and 
tight his majesty's army and forces, under the 
command and conduct of his majesty's lieuten- 
ant-general, and other officers, at Pentland 
Hills, and did wound and kill in the said fight 
and conflict, divers of his majesty's good subjects, 
and did all ye could to destroy his majesty's 
army, until, by the mercy of God, and conduct 
and valour of his majesty's lieutenant-general, 
und other officers and soldiers under him, ye 
were vanquished, routed, and dissipated, in 
doing of which, and one or other of the said 
deeds, ye have committed and incurred the 
cripie and pain of treason, and are guilty of 
being authors, actors, abettors, and accessory to 
the said rebellion, and are art and part of the 
same, and therefore you, and ilk one of you, 
ought to be exemplarily punished with the loss 
and forfeiture of life, land, and goods, as traitors 
to his mnjesty, to the terror and example of 
others to commit the like hereafter. 


Sir John Nisbet of Dirleton, knight, his majes- 
ty's advocate. 


r Sir George Lockhart, 
\ Sir George Mackenzie, 
Advocates, < Mr. William Rlaxwell, 
/ -Mr. William Hamilton, 
^ Mr. Robert Dickson. 

My lord advocate produced an act, and ordi- 
nance of his majesty's secret council, bearing 
that the lords of his majesty's privy council, 
ordained Sir John Nisbet his mjijesty's advocate, 
to pursue with all diligence a process of forfeit- 
ure, before the justices, against Thomas Paterson 
inGlasgow, major Jolin Maculloch, John Parker, 
walker, John Gordon of Knockbreck, Robert 
Gordon his brother, John Ross in Mauchlin, 
John Shiels tenant to Sir George Maxwell, 
Gavin Hamilton, Captain Andrew Arn,ot, James 
Hamilton in Killimuir, and Christopher Strang, 
prisoners in Edinburgh, for their late rebellious 
insurrection against his majesty. Extr. by 
Pet. Wedderburn. 

Compeared Sir George Lockhart, Sir George 
Mackenzie, Mr. William IMaxwell, Mr. William 
Hamilton, and Mr. Robert Dickson, advocates, 
and produced an act of his majesty's privy coun- 
cil, dated at Edinburgli the fourth of December 
instant, granting power and Avarrant to the 
forenamed persons, to compear and plead for 
all those persons who are to be impannelled 
before the justices, upon this day, for rebellion. 
Extr. by 

Pet. Weddebburn. 


having been modelled in an army, ,„„„ 
and taken in the field fighting as 
soldiers, they behoved to be judged by the 
military law, and by that law such as get 


Sir Alexander Urquhart of Cromarty, 

Sir Hary Hume of Heidrig, 

Sir Lawrence Scot of ClerkingtoH; 

Sir Alexander Forbes of Tolquhone, 

John Hume, servitor to the earl of Hume, 

Walter Forbes of Blackton, 

Adam Hepburn of Humbie, 

Alexander Sandilands, merchant in Edin- 

.John Johnston, merchant there, 

William Hay, merchant there, 

Walter Bui-n, merchant there, 

John Lyon, merchant there, 

John IM'Gill, merchant there, 

James Cowan, merchant there, 

George Graham of Cairny. 
Mr. William Maxwell for the pannels alleges, 
the pannels cannot pass to the knowledge of an 
assize upon this indictment, nor no process 
against them upon this citation, because this 
being an indictment of treason, all charges to 
be given to persons so indicted, ought to be by a 
lyon herald, pursuivant or macer, and is so 
ordained by act of parliament, James VL ]>. VZ. 
cap. 125. in anno 1492. But so it is that thir 
pannels are not charged by heralds, pursuivants, 
or macers, conform to the act, and therefore are 
not obliged to answer. My lord advocate 
answers to the allegance, that it ought to be 
repelled, as no ways relevant, because the act of 
parliament doth rnilitate only in the case, when 
any person is charged by letters of treason, to 
deliver their houses, or do any other thing under 
the pain of treason, and doth not militate in the 
case of citations, and specially in this case, where 
the parties are imprisoned ; and the daily uncon- 
troverted practick is opponed, there being noth- 
ing more ordinary than the person guilty of 
crimes, and especially of treason, and being in 
hands and prison for the same, should be brought 
to trial without any other formality or citation, 
but giving them a dittay. Sir George Lockhart, 
for the pannels, replies, that the defence stands _ 
relevant, notwithstanding of the answer, because 
the act of parliament is opponed, which bears 
the express reason thereof, to be founded upon 
the importance and weightiness of the crime of 
treason, which equally militates, whether the 
parties accused of such crimes be in prison, yea 
or not ; and practice and custom has cleared the 
sense of the said act of parliament : for it is 
notour and known, that all indictments of 
treason, before the last act of parliament, given 
to parties accused thereof, albeit in prison, yet 
was done by heralds and pursuivants, as being 
the solemnity required by the said act; and 
there is no wan-ant from the act of parliament, 
to restrict it to the case of charging for delivery 
of houses, or the like. Sir George IMackenzie, 
for the pannels, says further, that the defence 
stands relevant, notwithstanding of the answer, 
seeing an indictment is. a summons and citation ; 
and the act of parliament is opponed, declaring, 
that if any other execution of treason shall be 
otherwise "executed, the same shall be null; and 
the particle any, comprehends all, and therefore 





quarter in the field, are by that 
quarter secured therein for their 

lives, and cannot be hereafter quarrelled. 

To which it was replied, that there can be 

the act is conceived in the same terms, as if it 
had said expressly, that all executions of treason, 
not executed in manner foresaid, shall be null : 
and Skene does explain the same in manner 
foresaid ; neither can the act of parliament be 
restricted to executions anent delivering of 
houses, seeing, after that part of the act is 
finished, this begins vs^ith a new distinction and 
itHin. My lord advocate replies, The former 
answer, and act of parliament opponed, being 
clear and express anent charges and executions 
under the pain of treason ; wliereas th^; dittay 
and charge given to the pannels, bears no certi- 
fication that they should appear under the pain 
of treason, and cannot be subsumed, conform to 
the act of parliament, that the execution in ques- 
tion is an execution under the pain of treason ; 
and for the citation, the time of the late par- 
liament, it cannot be obtruded, because such 
solemnity, if any was used before so liigh a 
judicatory as the parliament, was unnecessary and 
superfluous, and superjiua non nocent, and cannot 
be urged as a practick. Mr. William Maxwell, 
for the pannels, duplies, That the defence stands 
relevant, notwithstanding of the replies, that 
whereas it is alleged, that the act is only where 
there is a certification under the pain of treason; 
but this dittay bears no certification of such a 
pain : it is answered, that the dittay concludes 
the pain of treason ; so that the certification 
and conclusion are idem; and there is no letters 
for treason, or indictment for treason, but the 
pain and certification is treason ; and so the 
defence stands good from the act of parliament. 
And whereas it is alleged, that the citations 
before the parliament by heralds, the parliament 
being so supreme a. judicatory, was superfluous; 
it is answered, The parliament being a supreme 
judicatory, they might the better dispense with 
it, and yet all these charges was by lyon-heralds ; 
but the justices, in their proceedings, are tied to 
proceed conform to the laws of the kingdom. 

The justices repel the allegance proponed for 
the pannels, in respect of the reply. 

Sir George Lockhart, for the pannels, alleges, 
that the dittay cannot be put to the knowledge 
of an assize, whereupon to infer and conclude 
the pain of death against the pannels, because, 
always denying the dittay, yet albeit the pannels 
had been accessory to the acts and deeds of 
rebellion libelled ; yet, as it is acknowledged by 
the dittay itself, they did frame and mode'l 
themselves in the notion of officers, regiments, 
companies, and were assaulted by his majesty's 
lieutenant-general, and forces, \vho, by virtue 
of his capacity and commission, he, and all 
officers and soldiers under his command, might, 
and de facto did, upon the taking and apprehen- 
sion of the painiels, grant them quarter, where- 
upon they were taken, and laid down their 
arms : and which quarter being puhlica fides, 
and offered and granted to the pannels in man- 
ner foresaid, should be inviolably observed, and 
secure them as to their lives. My lord advocate 
answers. That the former allegance ought to be 
repelled, as most irrelevant, and having no 
ground and foiuidation in law : an 1 as to that 

[book II. 

no quarter but where there is a helium jus- 
tion, and it is not the number nor form of 
the army, but the cause that makes helium 
justum ; and public insurrections of subjects 

pretence that is acknowledged in the dittay, 
that the pannels, and their complices who 
joined with them in the late rebellion, did 
model themselves in companies and regiments, 
and in an army ; it is most absurd to inter from 
that, which is libelled as an heinous aggravation 
of their presumptiou and rebellion, that they 
should have had the boldness as to put, or think 
themselves in a capacity to dispute by arm.s 
with their sovereign lord and master, should 
be a ground of defence or extenuation. And as 
to that assertion, that the general, and not oniv 
he, but his inferior officers, and the meanest of 
his soldiers, was in a capacity to grant quarters, 
and to secure the lives of rebels and traitors: it 
is a most unwarrantable and illegal assertion, 
and, with all respect to the gentlemen that 
oppone the same, it is answered, that it is an 
allegance most derogative to his majesty's royal 
power and prerogative, who only has power to 
remit crimes, and in special treason, the greatest 
of ci'imes ; so that eitlier to assume, or to give 
and prostitute so high a prerogative, to any 
other persons, and especially to officers and 
common soldiers, it does reflect upon his royal 
majesty, unless it were relevantly alleged, that 
his majesty had, by his commission, given so 
high power expressly to his general and soldiers, 
to remit and secure the lives of traitors, which 
cannot be fancied, much less alleged : and as to 
the point and pretence of quarters, and that 
ipso facto thir persons being found in arms, got 
quarters, and were secured as to their lives, 
even in other cases, it is not questionable; and 
though, ex honestate, it may be pretended, that 
in hello justo the pei'sons that are taken upon 
quarter may be spared, yet, ex necessitate, there 
is no obligation to that purpose, except when an 
express capitidation and deditio, and explicit 
paction to that effect is exprest; but in this case, 
it is without all question, where there is not 
helium justum, but perduellio, there is not hostes, 
but proditores, there is not tlie least shadow of 
pretence for the plea of quarters, except his 
majesty had expressly empowered his general, 
and all under him, to secure the lives of rebels 
subdued by them. And that we are not in the 
case of helium justum, which is only betwixt 
princes or states that have no dcpendance one 
upon another, and cannot debate and decide the 
difference but by the law of arms ; and helium est 
inter pares, judicium in suhditos. And that in 
this case there is no jwra helli, either postlimiyiium, 
quarters, or such like; seeing, by the common 
law, resiste?itia subditorum is altogether forbidden 
as unlawful; and they are not hostes hnt prado- 
nes, and by the law of this nation, and specially 
the acts of parliament that are cited in the 
dittay, it is not war or helium, but treason in 
the highest degree, for any number of his 
majesty's subjects to rise in arms, without 
(thougli it were not against) his majesty's 
authority, as in the case of this rebellion; so' 
that seeing we are not in the case of helium, this 
pretence being founded upon a pretended bellui'i. 
justum, is most irrelevant, specially, being con- 
sidered, that his majesty's comicil, in pursuance 

CHAP. I.] 

against their prince, are rather sedition than 
bcUum ; and these insurrections being trea- 
son, none can remit treason but the king, 
and therefore quarter could not be equiva- 


lent to 

of their duty, for repressing the said rebellion 
and treason, has emitted a proclamation founded 
upon the common laws, and the laws of the 
kingdom, declaring the sajne to be rebellion and 
high treason, and commands the rebels to lay 
down arms ; with certificatioi:, that if they 
should continue in arms, they should be holden 
and proceeded against as desperate and incorri- 
gible traitors, and should be incapable of all 
mercy or ])ardon. 

Sir George Mackenzie, for the pannels, 
alleges, that the pannels, and such as appear 
for them, (except Arnot, for whom they do not 
allege the getting of quarter,) do, with all sub- 
mission to his majesty's prerogative, propone 
both the foresaid defence and this duply, intend- 
ing to assert his majesty's prerogative, by shel- 
tering themselves under his mercy, and acknow- 
ledging that his power is so great, that the 
meanest of his soldiers can give quarters; and, 
without debating the justness of the war, which 
they here decline, it is alleged for them, that 
capti in hello, abstracting from justuin or iiijustum, 
are in its latitude capable of quarter, and quar- 
ters being given them by such as are listed- 
soldiers, doth secm'e them as to their life, seeing 
eo ipso that soldiers are commissionate and 
listed, they have power for that which is neces- 
sarily inherent in their employment, and quarter 
uses to be valued jvre hetU, when given by the 
meanest soldier ; for such only use to give 
jiuarter, general persons and superior officers 
not being ordinarily in use to take prisoners : so 
that seeing these had power to give (which is 
only here controvertible) when given, it is 
valid, without debating the justness of the war ; 
for seeing any of the pannels, being then in 
arms, might have disputed and defended his 
own life, and might have possibly reached the 
lives of the greatest that opposed them, in 
accepting of quarters, and laying aside these 
arms, they have in effect ransomed their own 
life, and exchanged it in favours of his majesty 
and his forces, with the lives of others : and 
many la\vyers debating this subject, call this a 
transaction, and that it should be kept upon that 
account, as namely, Grotius in his 1 1th chap. 
14-th parag. 3d book, where he debates this case 
indefinitely; and Cinv/Uus de Coife, de jure et 
privelegiis ynilittan, Paris De Pvteo de re militari. 
And in reason, soldiers, who may defend their 
own life, are not obliged, nor is it in use when 
quarters are offered them, to seek the granter's 
commission, seeing nee mora patitur, nee est 
consentaneum natum actum, private soldiers 
being in use generally to grant the same ; and 
what is customary semper inest, except it be 
expressly forbidden, and the prohibition so 
known to the transgressors that they are thei'eby 
put in mala fide. And the difference betwixt 
quando jitstiim et iiijustum, lies not here, seeing 
the reason of quarter is the sparing, in prudence 
the blood of the one party, and conserving, in 
humanity, that of the other, the one whereof is at 
least common to both bellum justum et ivjusfvm, 
but the difference is, that in hello justo prisoners 
taken (though without quarter) cannot be killed, 



remission ; but all the 
effect of quarter in this case is to 
secure these who get the same, from present 
death. To which it was duplied, that all 

but in in'msto they miay, except they have quar- 
ter, and that quarter is given betwixt king and 
subjects, when formed once (whether justly or 
unjustly) in modelled armies, whidi is offered to 
be i)roven by persons that understand that trade, 
to have been actually allowed betwixt the 
Hollanders and the king of Spain, betwixt the 
protestant Rochellers in France and the king, 
and allowed by his majesty's forces in the hills, 
and the rebellious English, though there was 
no just w^ar among those parties, upon the 
ground foresaid ; neither is it debated that any 
but his majesty can grant remissions; but in 
listed soldiers their giving of quarters, his 
majesty doth in effect give it : and seeing neither 
armies nor soldiers could subsist without quar^er, 
qiiando aliquid concedilur, omnia concessa viden- 
tur, sine quihus principale concessum consistere 
nequit ; and as the council for seen reasons, 
might, without express warraiit from his ma- 
jesty, have secured, upon submission, the lives of 
those prisoners, so might much more soldiers, 
whose proper trade and calling it is. 

Sir George Lockhart, for the pannels, answers 
further, that the foresaid reply for the pannels, 
founded upon the offering of quarters, and the 
pannels accepting of the same, stands relevant, 
and is no way elided by the foresaid answer ; 
and that there* may be no mistake of what the 
pannels and their procurators plead, under the 
terms and notion of quarters, it is condescended 
that quarter, mentioned in the defences, propon- 
ed and understood in thir terms, viz. that the 
pannels being in arms and actual resistance, and 
not in the power of the takers, did give up their 
arms, and became in the power of the takers, 
upon the granting of quarter, and that quarter . 
so given, should in law operate the security of 
the lives of the persons so taken, is evident and 
apparent, in so far as it is a transaction and 
paction, and fides data est accepta, and accord- 
ingly fulfilled upon the part of those who were 
taken : and in law, all pactions and transactions 
being jvstitim commntativa; it abstracts and does 
not consider the quality and merit of persons, but 
the terms, sense, and meaning of such pactions 
and transactions. And whereas it is pretended, 
that the granters of quarters, specially mean 
soldiers, had no power to do the same, as in- 
trenching upon his majesty's prerogative ; it is 
answered, that it ought to be repelled, because 
what his majesty's officers and soldiers did act, 
consequently anil suitably to the nature of their 
offices, and to the exercise of their duties, did 
flow from, and was warranted by his majesty's 
authority : so that they ought not to be contra- 
distinguished, the authority of his majesty's 
officers and soldiers being derived from his 
majesty, as the fountain of the same : but 
specially in this case, where first, before they 
did enter- in fight, there was no discharge nor 
prohibition as to the granting of quarter, but on 
the contrary, the lieutenant-general and all the 
officers being present, were witnesses to the 
granting of quarter, and thereby the same were 
not acts of simple soldiers, but acts warranted 
and authorized by the knowledge and allowance 


who get quarter from any who are 

authorized to be soldiers, are by 

that quarter secured against that authority 

from whom these soldiers derive their power j 


and these who get the quarter, are not 
to dispute whether these soldiers had a 
sufficient power to give quarter, or whether 
bcllum be juslum or injustiim, for that were 

of persons having supreme commands. And as 
to that part, that tliere was not helium jvstum 
upon the part of the pannels and their complices, 
it is answered, that the pannels do with all sub- 
mission and luimility acknowledge the same, 
hut the consequence that can be inferred there- 
upon, is not that quarter given should not be 
observed, but that quarter might have been 
justly refused ; and there is no doubt hut jura 
belli, which do naturally arise, without express 
covenant and paction cannot be extended to 
this case ; but notwithstanding thereof, where 
quarter was granted in manner foresaid, it 
cannot be so interpret in law or reason, as to be 
a snare to any who were resisting the power of 
the granters, justly or unjustly: and it is a 
common and known distinction inter deditos et 
captos, the first being in the case of a simple 
surrender, which can import no more but at 
most a submission iipon mercy, but is far other- 
wise in the case of persons taken upon the 
express terms of granting and accepting quarter ; 
and that this position is neither absurd nor 
illegal, nor destitute of the authority of eminent 
lawyers, and the practices of most famous and 
military nations, may appear from the judicious 
and learned Grotius, who has writ e.r instituto, 
and most excellently upon the same subject, 
which he entitles, de jure belli ct pads ; and who 
in his 19th chap. .3d book, entitled, de fide inter 
hostes, 6th parag. after liaving premised what does 
import fides, which he resolves not only to be 
inferred from writ and words, but even from 
sense known and customary, he does expressly 
state this question, q^dd erqo dicenivs de svbdit- 
orum hellis, adversus regcs aliasqiie summas poics- 
tates? Where he resolves the question upon 
the former ground, that paction and transaction 
do abstract from the quality and demerit of 
persons, that Hits etiani fides data servanda est, 
et generaliter fidem datum servandam ' etiam per- 
fidis ; and the reason is clear, because there is 
no apparent reason %vhy the granters of quarters, 
having interponed their faith, should violate the 
same. And as to that pretence, that none grant 
quarters but these who remit the crime of 
treason, it is answered, that it is humbly con- 
ceived there is a vast disparity ; for in the act of 
remission of either the crime of treason or any 
other, it is pura ohlatio, and the sole act of the 
granter ; whereas the gi'anting of quarters is by 
way of paction and transaction, in impetii et 
furore belli, and in contemplation whereof, the 
persons, supposing themselves secured as to their 
lives by quarter, became in the power of the 
granters without resistance. And as to that 
ground, that his majesty, by the authority of 
the lords of his privy council, did emit a procla- 
mation declaring, that the convocation libelled 
was a rebellion, and that all who were accessory 
thereto, if they did not lay down their arms, 
should be incapable of mercy ; it is answered 
first, that this proclamation was not intimate to 
the pannels, nor did consist in their knowledge; 
yet suppose it had been known, it cannot elide 
the quarter granted to the pannels, because 
notwithstanding of any such proclamation, his 

majesty's officers and soldiers did grant the same 
long after the emitting of the proclamation ; and 
the pannels were in optima fide, finding his 
majesty's officers and soldiers willing, who can- 
not be supposed but to liave known his majesty 
and the lords of his privy council, their sense 
and meaning of the proclamation, wliich behoved 
to have restrained them from giving of quarter ; 
yet notwithstanding, seeing the same was grant- 
ed the pannels had reason to believe that they 
were sufficiently warranted to that eftect, and 
have rested upon their faith in accepting the 
same ; and albeit by proclamation they were 
declared incapable of mercy, that neither in rea- 
son or words can be interpreted to the case of 
quarter, which was not an act of simple mercy, 
but upon paction and transaction. Sir George 
Mackenzie adds to this Ibrmer allegance, that 
pactions betwixt king and subjects, though they 
cannot be forced, and it is rebellion in subjects 
to require them, yet being once made, they not 
only are ordinarily kept among all nations, but 
his majesty who now reigns, having made with 
the greatest of the rebels a more dishonourable 
paction, did observe the same, viz. the parlia- 
ment 1649, which his majesty ordered to be 
observed by an express order. 

My lord advocate answers and triplies, Irao, 
Though we were in hello, as we are not, and in 
the case of quarter, yet the allegance is no ways 
relevant as it is proponed and qualified, and it is 
not condescended, what persons did give quar- 
ters to the pannels or any of them, nor in what 
terms; and to infer quarters and impunity from 
the naked taking of the pannels, and because 
they are prisoners, it is without any law or 
reason, seeing the pannels might have been 
overpowered and taken ; and it is to be presum- 
ed, that his majesty's army being moi'e numerous 
and victorious, that they were overpowered and 
vanquished, and that they were not taken either 
upon an express or an implicit condition or 
capitulation, and the rebels being routed, it 
cannot be thought that his majesty's officers and 
soldiers, and persons of such valour, would have 
given quarters, upon account of a pretended 
transaction, and in order to their own safety, 
and that they would owe their lives dishonour- 
ably to traitors. 2do. The former answer is 
repeated, and it is most evident, that we are not 
in the ease of quarters, and though, where there 
is helium, and where there is the relation of 
hostes, it may be pretended f Iiat quarters ought 
to be observed, with abstraction from the quality 
of the difference of the war, whether just or 
unjust, as when war betwixt his majesty and 
any his neighbour princes and estates, though it 
be unjust upon the part of these enemies, quar- 
ters may and ought to be kept; yet in this case 
where there is no helium but rcbellio et pruditio et 
Imsio ma.estatis, whei'e there is not Itos es but 
prwdones, such as all jiersons are, that aie in the 
condition of the pannels, who perfidiously do 
rise up against their sovereign lord, there can be 
no pretence for any privilege of jus belli and of 
quarters: and as to that pretence, that y/de» 
jmblica est servanda, it is without all question. 

CHAP. I.] 

in effect to destroy quarter in all cases, and 
to make all such as take up arms, to be 
desperate and irreclaimable, and the power 
of giving of quarter is naturally inherent in 


all soldiers as such: and as the ,^„„ 
.... . . lu6G. 

council, without express remission 

from the king, upon submission, might have 

secured their lives, so might soldiers by 

that when fides is given by an express treaty, 
not only between liis majesty and any other 
stratiijer, princes, or states, but betwixt his ma- 
jesty and Ills subjects, by an aet of paeitication 
or any other treaty, ought to be observed reli- 
giou>Iy; but we are not in the case wh&re fides 
publicu is given either by his majesty, or any 
authorized by him, and liaving express power to 
that purpose, and that his majesty's general, or 
his officers or soldiers, has power to grant any 
such fides, unless the commission were express to 
that purpose, is petiiio principii, and is altogether 
denied, and that the most that quarters can 
import in this case, though it could be made out 
that quarters were granted, is, that the general, 
er his officers and soldiers, b}- granting ot'quarters 
might have secured thein as to that which ^vere 
in their power, viz. that they should not then 
be presently cut olT; hut that they should have 
secured them from that which was not iu their 
power, from the just stroke of justice, is alto- 
gether denied. And as to the pretence of trans- 
actions, and the reasons and arguments adduced 
for the pannels to that purpose, if there were 
any weight therein, the most it could ,operate, 
were to be motives for making a law to that 
purpose, that his majesty's officers, eo ipso, that 
they are in power to serve under him, should 
have power by granting of quarters, to secure 
the lives of traitors ; but there is no such law; 
and a general being <'ommissionate, and having 
gofte to suppress rebels, without any hint to the 
purpose foresaid, the defence being neither 
founded on the common law, nor upon laws nor 
acts of parliament known in this country, is 
most irrelevant, specially being considered that 
it is an undoubted principle, that treason, being 
of so high a nature, cannot be remitted but by an 
immediate grant and remission of hi's majesty 
under the great seal, or some person having 
commission under the great seal expressly. As 
to the authority from the lawyers mentioned 
in the allegance, they are but the opinions of 
private men, and do not amount to the authority 
of a law, specially in this kingdom, there being 
clear and express acts of parliament and funda- 
mental laws, that his majesty's lieges and people 
should be governed and judged by his majesty's 
laws allenarly, and not by the laws of any 
nation, and much less by the simple opinions 
and school dictates of lawyers: likeas, the said 
authorities, though they were of any weight, 
they do not meet nor quadrate the case in ques- 
tion, in respect they are only the case of bellum, 
as said is, or when there are express and public 
transactions, by treaties, edicts, or acts of amnesty 
and oblivion. And Grotius, though he might 
be suspect, as being the suijject of an estate who 
had shaken oif the government of their prince ; 
yet he is most clear in the case, that there is no 
bellum betwixt suhiiti and their sovereign lord, 
and that resistentia suhditorum is vttita omni jure, 
and cannot pretend to the jura and rights and 
privileges of war, unless the sovereign authority 
be pleased to condescend so far, as to capitulate 
expressly and treat with the subjects; and it is 
a most groundless pretence, that of a transaction 

between the general, or any soldiers or officers 
as to the matter of quarters, seeing it cannot be 
said that the general had power to transact by 
an express capitulation betwixt him and the 
rebels ; and it is without all question, that the 
general could not have secured the rebels of 
this army, by a trans;iction by himself, without 
express warrant from his majesty, or from his 
couiK'ii ; and consequently seeing by a downright 
and express transaction of treating, he could not 
secure traitors, it is gratis and without warrant 
asserted, thnt he, and much less his officers and 
common soldiers, could, by a pretended implicit 
transaction, secui'e and indemnity traitoi-s; and 
it is without all question, notwithstanding of the 
pretences in the contrary, that the general had 
no power to grant the said security, if his com- 
mission had related to quarters, as it could not do 
in this case, having to do with rebels and traitors, 
anil not with an enemy; and if his commission, 
had been express, that he should nut have power 
to secure the rebels by quarters, but tliat they 
should be altogether incapable of mercy, no 
person could have the confidence to assert, that 
he would grant quarters iu the case foresaid ; 
and it is clear that we are in a stronger case, 
seeing the general had no such commission and 
power to grant quarters ; and the council, by 
their proclamation foresaid, does declare the . 
rebels, as said is, incapable of pardon ; which 
being intimate to the general, an<l being sent to 
him, and intimate to all persons concerned, by 
proclamation, to plead in j)retence of ignorantia 
or bona fides, is most frivolous and unwarrant- 
able, seeing ignorantia juris ueniini prodesse debet; 
and it is their own fault, if, being'engaged and 
busied in their rebellious course, they did not 
come to the knowledge of the said proclamation, 
being founded upon the common law, and the 
law of the kingdom ; it being a principle of both, 
that traitors are nulli, and no men in the con- 
struction of law, as to any benefit and capacity 
of any pretended transaction. And as to the 
instances from the practices of Spain, Holland, 
France, and other kingdoms, they do no ways 
quadrate in this case, the same being, as said is, 
of publica edicta, and express treaties and trans- 
actions; in respect of all which the. defence 
ought to be repelled. 

Mr. William Maxwell for the pannels, quad- 
ruplies. That whereas it is answered, that the 
defence is not definitely qualified, nor conde- 
scended upon the persons granters of quarters, 
and in what manner, it is answered, That it 
shall be condescended upon in writ who granted 
the same, being listed soldiers and officers under 
the general ; and as for the manner, the same 
was in usual form that quarters are granted, viz. 
assurance of their lives from those who granted 
quarters. Next, where it is alleged, that quar- 
ters cannot be presumed to have been granted, 
his majesty's army being victorious and the other 
party roiued, who alleges to have gotten quarters, 
it is answered, that no supposition can be admit- 
ted against a positive defence, which is ott'ererl 
to be proven. As for the third, whereby it is 
alleged there can be no quarters sustained aa 



jggg quarter, for they have as much 

power in the field as the others at 

the council table. 2dly, Lawyers are very 

clear that quarters should be kept, though 

lawful, but where the war is just, which cannot 
be in this case between his majesty's general and 
the rebels : it is answered, that the pannels 
oppone their former answer, and add that the 
question is not here in the lawfulness of the 
pannels' quarrel, but whether or no his majesty's 
lieutenant-general, being constitute as a general, 
by his commission, could give quarters or not; 
which the pannels maintain he had power to do, 
being his majesty's lieutenant-general, by com- 
mission, neither needed any such express power 
be insert in his commission, for giving of quar- 
ters, because inerat in his commission, and every 
listed officer and soldier under him, he having 
the said commission, the lilie power, as any- 
other prince's general, and others under him, 
las ; and to hold the contrary it seems strange, 
for it was never called in question in any nation 
heretofore, nor did ever his majestj', or his royal 
father, call in question the quarters granted by 
their general officers, or listed soldiers under him 
in the fields, but esteemed the same ever sacred, 
to be kept even unto these, who were in a model 
of an army of rebellion in the time; and if 
quarters should not be kejit, bat elided by a 
secondary way of pannelling the persons receiv- 
ers of the quarters, it should both intrench upon 
the word of the general, his commission, and 
soldiers, to whom hei-eafter none may give trust, 
especially in a matter of so high concernment, 
after their lives are secured to them by quarters. 
And as for the allegance, that the general could 
jiot treat or assure them by a public transaction, 
without the consent of his majesty or bis coun- 
cil, the pannels first leave that to the considera- 
tion of his majesty and his secret council, if the 
general being clad with a commission from his 
majesty, has not power to treat, to grant quarters, 
or receive any of those who are in rebellion, to 
peace, wherein his commission is ample and not 
restrictive: the pannels answer no further, but 
oppone the amplitude of the commission, the 
constant course observed by his majesty and his 
father's generals of before," the assurance given 
for their lives by the quarter, and the dangerous 
consequence may ensue thereupon. And where- 
as it is alleged, that the pannels being traitors, 
the quarters cannot operate for them, to exeme 
them from the trial, and inflicting the punish- 
ment conform to the law of the kingdom ; and 
there is no law that can warrant their rebellion, 
or exeme them from the punishment due to 
rebels : it is answered, that the case now in 
debate is, whether quarters given to persons 
modelled in an army in the fields, if they having 
received quarters, there being no law to dis- 
charge their general to give quarters, if they did 
not lawfully accept thereof, he lawfully grant 
it; for albeit the laws of this kingdom rule in 
time of peace amongst all the subjects, but in 
the time of war, where there are two armies in 
the fields, there the law of arms takes place, and 
the law of nations whereupon the faitii given in 
quarters is founded, must be kept, and never 
was broken. .\nA as for the allegance, that if 
the general had been restrained by the commis- 
sion to give quarters, the quarters giveu by him 

[]1300K II. 

given to subjects who are rebels. Grotius, 
lib. iii. cap. 19. where, after he hath fully 
treated that question dc fide servanda, con- 
cludes, that fides, data ctiam j)crfidis et 

could not be respected, and that it is alleged the 
case is alike here, there being a proclamation 
emitted by the council, declaring the pannels' 
actings to be rebellion, and that they were com- 
manded by the same, to lay down their arms 
within a certain space, otherwise to be proceeded 
against as the worst of rebels and traitors, and 
not to have mercy : it is answered, I'irst, That 
proclamation does no ways derogate to the gen- 
eral's commission, which remained as absolute 
as before, so long as he remained in the fields; 
nor does the council, by the said proclamation, 
discharge him to give quarters, thereby to re- 
trench the power of his commission. Secondly, 
The proclamation could not be known to the 
painiels, who could not have access to the mar- 
ket cross where the same was to be promulgate, 
proclamations at market crosses being the course 
of making known the council's pleasure in 
peaceable times ; but the course of war is, when 
two armies are in the fields, the one sends a 
trumpet with a proclamation to intimate the 
same. Tiiirdly, They not knowing the procla- 
mation in the time of the conflict, and the pan- 
nels being required to lay down arms, showing 
it was the coinicil's will, and quarters being 
given thereupon, as they would have had a good 
defence, if they had laid down arms within the 
time p.'rescribed by the proclamation, if the same 
had come to their knowledge ; so likewise in 
this case, being intimate to them the time of the 
quarters, and they having given obedience there- 
to, upon assurance of their lives, ought not to 
be broken ; in respect whereof the defence stands 
relevant, notwithstanding of the former triply. 

Sir George Mackenzie, for the pannels, adds, 
that the subject matter of this debate is the law 
of arms, and there being no express positive law 
to regulate the same, it is offered to be proven, 
by such as understand the law of arms, that 
quarter is allowed where subjects in arms rise 
against their prince, though given but by private 
soldiers, except there be an express prohibition 
in the contrary : likeas, it is ottered to be proven 
by the general, lieutenant-general, and other 
officers, that in this case, they either gave quar- 
ter, or allowed the giving of quarter, and that 
honour being concerned, it is hoped, that the 
justices will advise with the council, by whose 
commission they acted, and against whose order 
this debate will infer he has malversed ; and it 
is not known upon what account he thought 
himself authorized to give or allow the giving of 
quarter, of which he himself can only give an 
account ; and all the lieges in the nation are 
here concerned, seeing in all subsequent and 
supervenient broils, every man, to make sure, 
shall cut his neighbour's throat, so that the 
innocent shall have no defence, and rebels shall 
be fortified in their courage ; and necessity, 
ivhich legitimates all other acts, in the opinion 
of such as, in furore belli, consult with nothing 
but with tlieir safety, will obdure them much 
more than formerly, and of ordinary rebels make 
them insupportable traitors and rebels ; and 
that place in the Kings, spoken of bj' one of the 
prophets to a king of Israel, is here remembered, 

CHAP. I.] 
rebellibus suOditis, est servanda. And this 
hath been observed in the civil wars in 
Holland and France ; and by his majesty 
and his father at home during the late 

" vifilt thou take the life of those whom thou 
hast taken by thy bow and sword ?" 

I\Ir. William Maxwel, for the pannel John 
Shiels ill Titwood, alleges, the conclusion of the 
dittay cannot be inferred against him, because it 
is odi'red to be proven, that he was in the army 
with his majesty's general the time of the 
proclamation, which coming to his knowledge, ! 
if he had any arms then, he was willing to lay 
them down, and so have obeyed the proclamation 
by his willingness, if he had been in the field ; 
so that if he bad been out with the rest of the 
pannels, he would have had the benefit of the 
said proclamation ; and being then in firmance, 
and prisoner with the general, and being most 
willing to obey the proclamation, the conclusion 
cannot be inferred against him : and whereas 
the proclamation, even for these who should give 
obedience thereto, the effect thereof to them could 
he to come to mercy, the pannel does humblj' 
conceive, that the council's meaning was never to 
take the lives of these who obeyed the proclama- 
tion, specially seeing the certification is express, 
that to such as are disobedient, they should be 
proceeded against as traitors, without mercy, 
which clearly includes mercy to the obedient. 

Mr. Robert Dickson, for the pannel John 
Ross, repeats the whole former defences upon 
the benefit of quarter, and repeats the last de- 
fence proponed for John Shiels, and humbly 
craves the benefit of his majesty's proclamation. 

My lord advocate answers shortly to the 
allegance for Shiels and Ross, that the same 
merits no answer, in respect the said persons 
were taken as spies and emissaries, for giving 
intelligence to the rebels, and were prisoners for 
the time, and their arms being takeij from them 
upon the occasion foresaid, they could not lay 
down tin same, nor plead the benefit of the 
proclamation, conceiving these who should be in 
arms the time of the issuing and proclaiming 
the same, whatever the import, and benefit, and 
extent of the i)roclamation be, which the pur- 
suer neither doth nor is concerned to dispute in 
the case of the said pannels. 

,The justices repel the defence, duply, and 
quadruply proponed for the pannels, in respect 
of the reply and triply proponed by his majesty's 
advocate; as also the defence proponed for Shiels 
and Ross, in respect of the reply ; and ordain 
the dittay to pass to the knowledge of an inquest. 

The assize lawfully sworn, no objection in 
the contrary. 

My lord advocate, for proving the dittay, 
produces the pannels' confession made to the 
lords of his majesty's privy council and a com- 
mittee of them, whereof the tenor follows, viz. 
The said captain Arnot did confess, that he did 
join with the rebellious party in the west, at 
Ayr, and came alongst with them in their 
march to this country, and that he did accept 
the command of one of their troops, and did 
ride upon the head thereof; that he came with 
them to Lanark, and took the covenant ■with 
them there, and did ride alongst with them to 
Bathgate, Collington, and Pentland, and was at 
the late fight in arms with his sword drawn. 



troubles. 3dly, Quarter is advanta- ,„„„ 
geous to the king, and so should be 
kept ; for these who are taken might have 
killed his majesty's general and officers, and 

The said major John M'Cullocb did confess, 
that he joined with the rebels at Ayr, and came 
with them to Lanark, and there took the cove- 
nant with them, and continued with them in 
arms and rebellion, until Wednesday the day of 
the conflict at Pentland, where he was in arms, 
and taken prisoner. The said Gavin Hamilton 
did confess, that he joined with the rebels, and 
came along with them, and that he was in 
M'Clellan of Barscob's troop, and was in arms 
at the fight of Pentland, where he was taken. 
The said John Gordon did confess, he joined 
with the rebels before he came to Lanark, 
where having taken the covenant with them, he 
marched and came along with them to CoUingtou 
and Pentland, on horseliack, and in arms with 
them at tlie conflict, where the rebels were 
defeat. The said Christopher Strang did confess 
that he joined with the rebels, and was at Lan- 
ark witii them, and took the covenant, and came 
alongst with them to Pentland, and was an 
horseman in arms, with sword and pistols, utider 
the command of captain Paton, commander of 
one of the rebels' troops, and was in arms at the 
late conflict. The said Robert Gordon did 
confess, that he joined with the rebels at Doug- 
las, and came along with them, and had charge 

as a cornet of a troop of horse, whereof 

Maxwell, younger of Monrief, was captain, and 
that he was in arms with the rebels at the late 
conflict. The said John Parker did confess, 
that he joined in arms with the rebellious party 
in the west, and came alongst with them to 
Pentland, and was there under the com- 
mand of colonel Wallace. The said John Ross 
did confess, that he joined with the rebels in 
the west, and that, at the desire of IMr. John 
Guthrie, one of the oflicers of the party, he 
went along to discover if the king's forces were 
coming to Kilmarnock, being in arms, and 
having pistols with him, and going alongst with 
John Shiels and other persons to bring the rebels 
intelligence. The said James Hamilton did 
confess, that he joined witli the rebels' party, 
and was with them at Lanark, whej-e he did 
take the covenant, and marched along with 
them in Barscob's troop, with sword and pistols, 
and came along with them to Collington, and 
from thence to Pentland, and was there in arms 
when the rebels were defeat. The said John 
Shiels did confess, that he joined with the 
rebellious party in the west, and that he was 
employed, and did go, at the desire of JWr. John 
Guthrie, and some of the officers that Cdm- 
manded that party, with John Ross and other 
persons, as a spy to see if the king's forces were 
coming to Kilmarnock, and bring the rebels 
intelligence. Which confessions being read to 
the pannels, and they particularly and severally 
accused conform thereto, and having judicially, 
and in presence of the assize, acknowledged and 
renewed the same, my lord advocate thereupon 
took instruments. 

The assize, by plurality of voice, elect Sir 
Alexander Urquhart chancellor. The assize 
unanimously, all in one voice, by the report of 
Sir Alexander Urquhart of Cromarty, their 


lerr ^^ §'^"S quarter to his enemies, he 
redeemed his servants : and if the 
only effect of quarter were, to be reserved 
to a public trial, none would accept quar- 
ter. I think no unbiassed person can 
read this, but they must see how iniqui- 

chancellor, find the persons iinpannelleil, above 
and at'ternamod, to be guilty and culpable of the 
particular treasonable acts aftermentioned, con- 
tained in the indictment, viz. captain Andrew 
Arnot to be guilty of joining with the rebels in 
the west, coining alongst witii them in their 
march, accepting the cominarnl of one of their 
troops, and riding upon the head thereof, and 
coming with them to I^anark, and there taking 
the covenant with them, and of coming alongst 
with them to Batiigate, Collington, and Pent- 
land, and of being at the late conflict there 
in arms, with his sword drawn. The said 
major John M'CulIoch, to be guilty of join- 
ing with the rebels in the west, and coming 
with them to Lanark, and taking the covenant 
with them there, and continuing with them in 
arms until Wednesday the day of the conflict, 
being with them in ai'ms there, where he was 
taken prisoner. Gavin Flamilton in Mauldslie, 
to be guilty of joining with the rebels in the 
west, and coming alongst with them inarms, in 
M'Clellan of Barscob's troop, and in being in 
arms at the fight of Pentland, where he was 
taken. John Gordon of Knockbreck, to be 
guilty of joining with the rebels before they 
came to Lanark, where he having taken the 
covenant with them, he marched along with 
them to Collington and Pentland on horseback, 
in arms with the rebels, and being in arms with 
them at the conflict, where the rebels were 
defeat, and he taketi. Christopher Strang, ten- 
ant in Kilbride, to be guilty of joining with 
the rebels in the west, and being at Lanark with 
them, where he took the covenant, and coming 
alongst with them from Lanark to Pesitland, an 
horseman armed with sword and pistols, under 
the command of captain Paton, comraatider of 
one of the rebels' troops, and being in arms at 
the conflict at Pentland, where he was taken. 
Robert Gnrdon, brother to John Gordon of 
Knockbreck, to be guilty and culpable of joining 
■with the rebels at Douglas, and coming ah)ngst 
with them, having charge as a cornet of a troop 

of horse, under the rebels, whereof Maxwell, 

younger of Monrief, was captain, and of being 
in arms with the rebels at the conflict at Pent- 
land, where he was taken. John Paiker, walker 
at Kilbride, to be guilty of joining in arms with 
the rebels in the west, and coming alongst with 
them to Pentland, where he was taken under 
the command of colonel Wallace. John lloss 
in Mauchlin, to be guilty of joining with the 
rebels in the west, at the desire of INIr. John 
Guthrie and some of the officers of that party, 
and of going along to discover if the king's 
forces were coming to Kilmarnock, he being "in 
arms, and having pistols, and going to bring 
the rebels intelligence. James Hamilton, tenant 
in Kittimuir, to be guilty of joining with the 
rebels that rose in the west, being with them at 
Lanark, where he took the covenant, and march- 
ing along with the rebels in Barscob's troop, 
with sword and pistols, and coming alongst with 


tons the procedure against these good 

men was. These ten were accordingly 
hanged, December 7th, and their heads and 
arms disposed of according to the sentence. 
Their joint testimony, and the dying speeches 
of some of them, have been more than once 

the rebels to Collington and Pentland, and being 
there in arms with them when they were 
defeat. John Shiels in Titwood, to be guilty of 
joining with the rebels, and of going, at the 
desire of Mr. John Guthrie and some of their 
officers, to see if the king's forces were come to 
Kilmarnock, and to bring the rebels intelligence, 
and that conform to their several confessions. 

My lord justice-clerk and jdstice-depute decern 
and adjudge the said captain Andrew Arnot, 
major John M'CuUoch, Gavin Hamilton in 
-Mauldslie in Carluke parish, John Gordon of 
Knockbreck, Christopher Strang, tenant in Kil- 
bride, Robert Gordon, brother to John Gordon 
of Knockbreck, John Parker, walker in Kil- 
bride parish, John Ross in IMauchlin, James 
Hamilton, tenant in Kittimuir, and John Shiels 
in Titwood, as being found guilty by an assize, 
of the treasonable acts foresaid, to be taken upon 
Friday the seventh day of December instant, 
betwixt two and four hours in the afternoon, to 
the market-cross of Edinburgh, and there to be 
hanged on a gibbet, till they be dead; and after 
they are dead, their heads and right arms to be 
cut off, and disposed upon as the lords of his 
miijesfy's privy council shall think fit; and all 
their lands, heritages, goods and gear, to be 
forfeited and escheat to his majesty's use, for 
the treasonable crimes foresaid. Which was 
pronounced for doom, by Henry Monteith 
dempster of the court. 

Followeth act of council anent the disposal of 
the heads and right arms of the forementioned 

i]dtnhnrgh, the 6th of December, 1666. 

The lords of his majesty's privy council ordain 
the heads of the persons underwritten, to be cut 
otf and affixed at the places following, viz. 
major JM'Culloch, John Gordon of Knockbreck, 
and his brother Robert's, at Kirkcudbright j 
John Parker, Gavin Hamilton, James Hamil- 
ton, and Christoj)her Strang, their heads, at 
Hamilton; John Ross, John Shiels, at Kilmar- 
nock ; and captain Arnot's head at the VVater- 
gate : and ordain the magistrates of the respect- 
ive places, to cause affix the said heads accord- 
ingly; and recommend to the magistrates of 
Edinburgh, to cause bury the corps of the said 
persons, at such places as they shall think expe- 
dient, and where traitors are usually buried. 

Eodem (lie. — The lords of his majesty's privy 
council ordain the right arms of major M'Cul- 
Ioch, John Gordon of Knockbreck, and his 
brother Robert's; John Parker, walker, Gavin 
Hamilton, James Hamilton, Chi'istopher Strang, 
John Ross in Mauchlin, John Shiels, tenant to 
Sir George Maxwell, and captain Arnot, who 
are to be executed the morrow as traitors, to be 
cut off, and by the magistrates of Edinburgh to 
be sent to the magistrates of Lanark, which 
they ordain them to affix upon the public ports 
of that town, being the place where they took 
the covenant. 


published in Naphtali, and other prints that 
are not uncommon, and so they need not 
be inserted here. It will be more worth 
while, to give the reader a taste of the 
hardships brought upon the families of some 
of those martyrs for religion and liberty, by 
the managers, after they had done their 
utmost to the persons of those worthies, 
and I shall only instance in two of them. 
I begin with major M'Culloch, an excellent 
gentleman of good parts and great piety. 
He never had freedom to conform to prelacy^ 
and suffered considerably for his conscien- 
tious withdrawing from the church. Before 
Pentland several soldiers were quartered 
upon him for thirty days ; and besides their 
entertainment, he had eight-pence a day to 
pay each of them, and was forced to pay 
an hundred pounds of fine to Sir James 
Turner. So good a man as he could not 
escape his share in the fines imposed by 
Middleton's parliament ; and so in the year 
1665, he paid the whole sum imposed on 
him, twelve hundred merks, and three hun- 
dred merks of riding money to the soldiers 
who exacted it. His estate lay under for- 
feiture from Pentland to the revolution. 
After Pentland, one Charles Campbell, 
without any warrant seized a horse of his 
son Vvllliam M'Culloch, who was not con- 
cerned in the rising, worth eight pounds 
sterling, and clothes and other things near 
to the value of five pounds sterling. His 
eldest son was seized, and kept in prison a 
full year after his father's execution, upon 
no ground I can learn, but his being major 
M'CuUoch's son. The major's lady was 
happily infeft in a part of his lands, and she 
and her' eldest son lived upon these till the 
year 1681, when, upon noncompearance, 
they were forfeited, and given to Queens- 
berry, who put John Sharp, clerk of Dum- 
fries, in possession of them. Mr. M'Culloch, 
the true owner of them, was obliged to take 
them again from Sharp, and besides a con- 
siderable yearly rent of ten or twelve pounds 
sterling, he had upwards of a thousand 
merks of entrance-money, and other inci- 
dental charges to pay. 

The other instance I mention is, the 
excellent family of Knockbreck, in the 
parish of Borgue in Galloway. The two 



young gentlemen at this time exe- 
cuted, I have it from persons yet 
alive of their acquaintance, that they were 
youths of shining piety, and good learning and 
parts. The harassings and losses of the family 
cannot be estimate, they were so frequent 
and severe. Besides the payment of their 
parliamentary fine, and their common losses, 
with others in Galloway, by Sir James 
Turner, in a little time after Pentland, their 
whole crop for that year was seized, and 
the household furniture disposed of and 
destroyed. Six soldiers continued quartered 
upon the house, from the Gth of March to 
the 9th of July, which comes to a great sum 
besides, near four hundred pounds of cess^ 
and other impositions, were uplifted from 
them and their tenants. They had their 
share in all the after harassings of the coun- 
try ; particulars would swell this account. 
In the year 1684, captain Strachan, with his 
troop, came, and destro3ed and took away 
the whole household-plenishing. Next year 
Glenlyon, with near two hundred Highland- 
ers, came and stayed at Knockbreck from 
Thursday to Monday, and consumed and 
took with them all the meal and malt 
they found, and killed vast numbers of 
sheep; and at their departure broke the 
glass-windows, and carried off all the horses 
about the house, to bear away the spoil. 
And last of all, cruel Lagg came with a 
company of men, and carried off all wthiii 
the house, to the very trenchers and spoons,- 
and with much difficulty, was prevailed upon 
not to burn the house. Any of the remain- 
ing sheep they could not eat, Lagg carried 
with him, to the number of about fifty, 
besides many black cattle. From these, 
the reader may guess at the severities used 
to the families and relations of such who 
were executed at this time. 

While the blood of these first ten is scarce 
cold, the advocate is ordered to intent a 
process against other five of the prisoners, 
Mr. Alexander Robertson, preacher of the 
gospel, who was basely betrayed by the laird 
of Morton his friend, to whom he committed 
himself upon promise of his life. He points 
at this in his speech at his death, and for- 
gives him. John Neilson of Corsack, 
George Crawford in Cumnock, John Lind- 


say in Edinburgh, and John Gordon 
in the parish of Irongray. And, upon 
December 10th, the two former judges find 
them guilty. I do not find they gave 
themselves the trouble of hearing advocates, 
but make short work, and go upon their con- 
fession, and condemn them to be hanged at 
the Cross of Edinburgh, on Friday tlie llth 
of December ; which was accordingly done, 
only John Lindsay was delayed. Their 
testimonies are likewise printed in Naphtali, 
and elsewhere, so I do not insert them, or 
the process about them, which falls in with 
the former. The council being weary of 
disposing heads and arms, order the magis- 
trates of Edinburgh to affix their heads on 
such ports of the town as they see fit, and 
bury their bodies in the usual place. Sir 
George Mackenzie's Vindication, page 8th, 
very confidently says, " that generally no 
man was executed in king Ciiarles's reign, 
who would say, God bless the king, or 
acknowledge his authority." The falsehood 
of this will appear from a vast number of 
instances in the progress of this history. 
I only here ask, if any of these persons now 
executed, had the oifer of their life upon 
that condition ? If not, as certainly they 
had not, then Sir George's Vindication is a 
very false one, and a covering of cruelty 
with a lie : for all of them that were put to 
death on this occasion, did both pray for 
the king, and own his authority, though 
they could not justify his administration. 

The sufferings of one of those worthy 
persons, John Neilson of Corsack, in the 
parish of Parton in Galloway, and those of 
his lady and children, are so remarkable, 
that they deserve a room in this collection ; 
and I see not where an abstract of them 
can be more properly insert than here. Mr. 
Dalgliesh, the curate of Parton, had no 
email hand in this gentleman's hardships. 
When Sir James Turner came first into 
Galloway, Corsack was soon delated by the 
curate for nonconformity, and Sir James 
exacted an hundred pounds Scots from him, 
and, contrary to promise, he was sent 
prisoner to Kirkcudbright. He suffered 
very much by quarterings of soldiers upon 
him : from the beginning of March to the 
end of May that year, he had troopers 


lying on him, sometimes ten, sometimes aix, 
sometimes four at once, and was forced to 
pay each man half a crown a day, which 
came to eight hundred and nineteen pounds 
Scots, and free quarters besides to man and 
horse; which, moderately computing at fif- 
teen pence a day, amounts to four hundred 
and eight pounds, ten shillings. Next year. 
Sir James Turner sent six foot soldiers to 
quarter upon him, from March to the middle 
of June. These had each of them twelve 
pence a day, besides free quarters, which 
amounts to seven hundred and fifty-six 
pounds. By those hardships, Corsack was 
obliged to leave his house., and wander up 
and down ; and upon his hiding, he lost his 
horse worth an hundred pounds, and was 
seized himself, and imprisoned for some 
time. The loss of his household stuff", vic- 
tual, and most part of his sheep, cannot be 
well reckoned. When they had turned his 
lady and children to the doors, they fell 
next upon his tenants, and obliged them to 
bring them in sheep, lambs, meal, and malt, 
till they were well nigh ruined. And last 
of all, they drove all his oxen and black 
cattle to Glasgow, and sold them. And all 
this for nothing else but precise noncon- 
formity. After all this oppression, of which 
I have before me an attested account, the 
reader can scarce wonder that he and many 
others in the like circumstances, took hold 
on the first opportunity that offered to 
complain of, and relieve themselves of those 
calamities. When essaying this, he is taken 
at Pentland, and, when a prisoner in Edin- 
burgh tolbooth. Sir James Turner used his 
interest to get his life spared, because Cor- 
sack, out of his truly Christian temper, 
saved Sir James, when some were seeking 
to take his life, both at Dumfries and after- 
wards, though few had felt more of his 
severity than this gentleman : Mr. Dalgliesh 
the curate, getting notice of it, applied him- 
self to some of the bishops, and acquainted 
them, Corsack was a ringleader to the fan- 
atics in Galloway, and if he were spared, he 
needed not think of continuing in his parish, 
and they might spare them all. This went 
further than Sir James his interest could go. 
and so he was executed. 

His lady being in Edinburgh after her 

GHAP. I.] 



luisband's death, Maxwell of Milton came 
to the house of Corsack, with thirty men, 
and took away every thing that was portable, 
and destroyed the rest, and turned the 
family, and a nurse with a sucking child, to 
the open fields. Some time after, Sir Wil- 
liam Bannantyne came and inventoried any 
thing that was in the house, seized that 
year's crop, and arrested the rents in the 
tenants' hands. One of the tenants, Arthur 
M'Gachie in Glenhead, with his wife and 
a young child, were carried off prisoners, 
and kept some weeks, merely because he 
had conversed with his master Corsack, 
before Pentland, a day or two after he had 
been at Dumfries. The same Sir William, 
a little after, came, and took lodging with 
thirty horse in Corsack, till the lady gave 
him a bond, with two neighbour gentlemen 
cautioners, for three hundred merks. The 
laird of Partan, a papist, possessed himseif 
of a part of Corsack's lands contiguous to 
his in that parish, of about eighty pounds 
Scots yearly, and forced the tenant to pay 
one hundred and twenty pounds of rent, 
due to Corsack before Pentland. And fur- 
ther, by virtue of the forfeiture, the said 
popish gentleman defrauded the lady Cor- 
sack of a bond he had given to her husband, 
of four hundred and eight merks Scots, and 
all the interest. The said gentlewoman had 
all her moveables seized, for her converse 
with her own son, who had been intercom- 
muned, and paid near an hundred pounds. 
In the year 1680, her son was forfeited, 
merely for noncompearance ; and in a year 
or two, by Claverhouse's troop, and others, 
she lost and expended on vexatious suits, 
upwards of four hundred pounds. Her 
eldest son, for three years was forced to 
wander and hide in Ireland. In the year 
1684, she and her second son being cited to 
a court for not hearing the curate, her son 
was imprisoned for some months, and fined 
in two hundred merks : and still forward, 
until the liberty 1687, this excellent gentle- 
woman was vexed with parties of soldiers, 
and compearance before conrts, which put 
her to great trouble, and much charges. 
From these well vouched accounts, the 
reader will have some view of the hardships 


wherewith the families of such who 
appeared at Pentland, were dis- 

That terror might be struck into the west 
country, while the blood of the Lord's 
people is running so fast at Edinburgh, a 
commission is granted to the persons named 
in it, or any three of them, with a justiciary 
power, to try and judge such who were con- 
cerned in Pentland rising : I have inserted 
it below.* By virtue of this commission. 

* Commission for justiciary at Glasgoiu, Decem- 
ber, 1(566. 
Charles, by the grace of God, king of Great 
Britain, France and Ireland, defender of the 
faith, to all and sundi-y our good and faithful 
subjects, whom these presents do or may con- 
cern, greeting : Forasmeikle as, albeit it hath 
pleased Almightj^ God, to bless our forces under 
the command and conduct of our lieutenant- 
general, with an absolute victory of those rebels 
who did first rise in arms at Dumfries, and so 
far prosecute these rebellious courses, as to 
imbody themselves in a military posture, and 
mai'ch through many shires forgetting associates 
and complices, and at last, in open fields near 
Pentland Hills, did encounter our forces, and 
endeavour their overthrow; yet nevertheless the 
danger of that horrid rebellion does still continue, 
and, if not timously prevented, may again break 
out and involve the kingdom in new troubles and 
confusions, to the hazard of the lives of many 
of our good subjects, and subverting of religion 
and ecclesiastical government, and of our author- 
ity and laws, there being many desperate and 
incorrigible traitors engaged in that rebellion, 
who did not at first appear themselves in arms, 
but have been abetters or assisters thereof, by 
correspondence, intercommuning, or giving in- 
telligence, for carrying on their wicked designs, 
or by resetting of their persons, have been pro- 
moters of the said treasonable courses ; as like- 
wise some gentlemen, ministers and others did 
convocate and put themselves in arms in the 
shire of Ayr, and there determine to rise, and 
associate to themselves all such wlio were disaf- 
fected to our government, that they might join 
with these rebels who had first risen in arms, 
and hereby added such strength and vigour to 
the carrying on of that rebellion, that they might 
have continued longer, and brought on this our 
kingdom all the miseries of an unhappy and 
bloody war, if the defeat and overthrow of that 
party at Pentland had not happened. There- 
fore, and for preventing these mischiefs, and 
securing the peace of our kingdom, and our 
authority and government for the future, we, 
wiih the advice of the lords of our privy coun- 
cil, have nominated and appointed our right 
trusty and well-beloved counsellors and cousins, 
the lord duke Hamilton, the lord marquis of 
INIontrose, the earl of Argyle, the earl of Lin- 
lithgow, the earl of Kelly, the earl of Galloway, 
the earl of Wigton, the earl of Nithsdale, the 
earl of Dumfries, the earl of Callender, the earl 
of Airly, the earl of Annandale, the lord Mont- 
gomery, the lord Drumlanrig, the master of 



,p,.<, at Glasgow, December 17th, the 
earls of" Linlithgow and Wigton, 
tlie lord Montgomery, and Mungo INIurray, 
constitute themselves in a court; and Mr, 
Thomas Gordon, writer in Edinburgh, is 
chosen their clerk. Sir William Purves, 
his majesty's solicitor, indicts Robert Bun- 
tine in Fenwick parish, John Hart in West- 
quarter in Glassford parish, Robert Scot in 
Dalserf parish, and Matthew Paton, shoe- 
maker in Newmills. The court finds them 
guilty of rebellion and treason, and sentences 
them to be hanged at Glasgow, upon Wed- 
nesday, December 19th. Their process 
I have not insert, as coinciding, midati.'i 
mutandis, with that against those, who were 
tried before the justiciary com't at Edin- 
burgh, which the reader will find in a 
preceding note, see page 39. They were 
accordingly executed that day. The men 
were most cheerful, and had much of a 
sense of the Divine love upon them, and a 
great deal of peace in their suflerings. It 
was here that abominable practice was 
begun, which turned afterwards so common, 
of the soldiers beating drums when the 

Cochran, general Dalziel, lieutenant-general 
.Drunimond, James Crichton, brother to the 
earl of UumlVies, colonel James Montgomery, 
Charles Maitland of IlaUon, Mungo jilurray, 
or any three of them, giving them full power, 
warrant, and authority, to go to any shire, burgh, 
or place, where there was any rising or insur- 
rection, and there to hold courts, cite parties, 
and examine witnesses, and take all other courses 
w^hich they think fit for trying and discovering 
all such persons who were authors, aiders, or 
abetters of the said rebellion, and did keep 
correspondence, intercommune with, or reset 
the persons of any of these rebels, or furnished 
them with ammunition, arms, horses or any 
other things wliich might supply or strengthen 
them in the prosecution of their rebellious 
courses; with power likewise to seize upon 
their persons, and incarcerate tliem till they be 
tried, and to search their houses and other 
suspect places, and to enter the same by force in 
case of resistance, or otherwise to take "bond and 
security for their appearance, whenever they 
shall be called. And for their more speedy and 
effectual carrying on of this tiieir commission, 
with power to divide tliemselves that they may 
go to several places at one time, and for that end, 
any one or two of their number to take trial, 
search, and apprehend all persons suspect within 
their several divisions; and further, in case, 
after examination and trial, there shall be any 
persons who shall appear guilty of the crimes 
foresaid, by clear and undoubted evidences, we 
give full power and commission to the persons 

[book ir. 

sufferers spoke to the spectators before 
their death. Reflections need not be made 
upon this barbarous unchristian practice, 
scarce any where used, but by the popish 
inquisitors, and is a plain evidence of an ill 
cause, which cannot bear the light. The 
persecutors were afraid lest the words of 
these dying witnesses for truth, would con- 
firm and strengthen honest people in their 
adherence to, and appearance for liberty 
and reformation ; and I cannot say they 
were mistaken in their fears, for the Christian 
and manly carriage of those noble sufferers, 
had a mighty influence upon multitudes. 
Few, if any, were terrified by their public 
death, and many were convinced of the 
goodness of their cause, and fixed in their 
resolutions to adhere to it. 

To return again to Edinburgh : upon the 
18th of December, the above named justice- 
clerk and justice-depute, have before them 
Mr. Hugh M'Kail, Thomas Lennox, Hum- 
phrey Colquhoun, Ralph Shield, clother in 
Ayr, William Pedin, merchant there, John 
Wodrow, merchant in Glasgow, Robert 
M'Millan, John Wilson in the parish of 

foresaid, or any three of them, which are declar- 
ed to be a full quorum, to be our justices in that 
part, with power to them to meet at such 
times and places as they shall think convenient; 
and then and there, to affix and hold courts, 
create clerks, sergeants, dempsters, and all other 
members of court needful, to call assizes of 
persons of best understanding, absents to amer- 
ciate, unlaws and amerciaments to be ujjlifted 
and exacted ; and in the said courts to call the 
whole persons guilty and suspect to be guilty of 
the crimes foresaid, and put them to their trial, 
and knowledge of an assize ; and according as 
they shall be found innocent or guilty of the said 
crimes, that they cause justice to be done upon 
them accordingly; and generally all and sundry 
other things requisite and necessary for execut- 
ing the said commission, to do, use and exerce, 
promitting to hold firm and stable ; command- 
ing hereby our advocate or his deputes to draw 
their indictments, and pursue them before our 
commissioners foresaid ; and in case they find 
any difficulty in the matter of probation or 
evidence, that they secure the person until they 
advertise the lords of our privy council, that 
they may ordain our justice general or his 
deputes, to proceed against them ; and we hereby 
require the commanders and officers of our 
forces, and all sheriff's, magistrates of burghs, and 
others, to be assisting to our commissioners, in 
prosecution of this our service, as they will be 
answerable. Given under our signet at Edin- 
burgh, the 5th day of December, 1(3(56, and of 
our reign the eighteenth year. 


Kilmaiirs, Mmigo Kaipo in Evandalc. The 
judges pronounce sentence of deatli upon 
llieni, and order them to be hanged at the 
cross of Edhiburgh, December 22d. All 
of them, save three, were executed that day; 
and most part of their speeches are already 
more than once published. Upon the 21st 
of December, I find the council supersede 
the execution of the sentence of death upon 
Robert M'Millan, William Pedin, Thomas 
Lennox, and John Lindsay, formerly repriev- 
ed, till further orders. As far as I can 
guess, these four got off after some impri- 
sonment, and partial compliances ; probably 
the reason of this was the king's letter 
formerly mentioned, for sisting execution. 
When the rest are despatched, the council 
order the magistrates to take down the 
gallows at the cross to-morrow ; and dis- 
pense with the cutting off the heads and 
hands of such as are to be executed. Now 
all were satiate with blood except the 
prelates, and they were forced to yield. 

Before those executions began, which I 
have put altogether, upon the 4th of De- 
cember I find the council order Mr, Hugh 
IM'Kail and John Neilson of Corsack, to be 
tortured with the boots, a practice not 
used before in Scotland, in the memory of 
any now living ; and I doubt if it was often 
practised since the reformation. Now it 
was brought in, and violently urged by the 
prelates, and afterward frequently used, as 
we shall hear. This, with other inhuman and 
iiarbarous tortures made use of in this period, 
was justly complained of at the revolution, 
and abrogated. What moved the council 
to pitch upon those two I do not know. 
Mr. M'Kail w as a youth of great sense and 
learning, and Corsack a gentleman of excel- 
lent parts, and probably from them they 
expected vast discoveries. A conspiracy 
was pretended, and they were to be exam- 
ined by this torture in presence of the 
council, and interrogatories formed to be 
put to them, which I have not seen. But 
there was indeed no plot to be found, and 
their rising was merely for self-defence, and 
unconcerted. Corsack was fearfully tor- 
mented, so that his shrieks would have 
melted any body but those present, who 
still called for the other touch. Nothing 



was recorded, for all they said was , 
what they had candidly signified 
before, that the oppression of the country 
had forced them to rise in arms, and being 
up, they were obligcil in self-defence to stick 
together. The suflerings of Mr. Hugh 
MKail are so singular, that though they 
are printed in Naphtali, yet being so proper 
for a history of this nature, I would willingly 
have insert them here were they not very 
prolix, and therefore must refer my reader 
thither, for a larger account of this singular 

No discoveries being made, or indeed 
further to be made from the prisoners at 
Edinburgh, the commissioner Rothes, now 
come from court, resolves upon a progress 
through the west and south, that he might 
be at the bottom of an imaginary conspiracy 
and plot, he would fain have landed upon 
some body or other. He came first to 
Glasgow, and from thence to the town of 
Ayr, with a committee of noblemen and 
others with him, having a justiciary power. 

At Ayr, upon the 24th of December, the 
earl of Kellie, lieutenant-general Drummond, 
Charles Maitland of Hatton, James Creigh- 
ton brother to the carl of Dumfries, sit 
in judgment, and have twelve more of the 
prisoners before them, indicted by the soli- 
citor for treason. They are found guilty, 
and ordered to be executed at Ayr, Irvine, 
and Dumfries ; and the sentence was put in 
execution accordingly. Thursday, the 27th 
of December, was appointed for the hang- 
ing of eight of them, James Smith, Alexan- 
der M'Millan, James M'Millan, George 
M'Cartney, John Short, John Graham, 
James Muirhead, and Cornelius Anderson, 
in the town of Ayr. The hangman of that 
town being unwilling to imbrue his hands 
in the blood of those good men, got out of 
the way, and no other could be found to 
undertake this hateful work. The provost 
not being able to find one for this office, 
proposed this expedient, which was gone 
into : That one of the eight who were con- 
demned should have his life, if he would 
consent to become burrier to the rest ; and 
with difficulty enough Cornelius Anderson 
is prevailed upon. When the execution 
day is come, the poor man's heart berog 



like to fail him, the provost, to 

secure all, took care to make him 
almost drunk with brandy. Thus, with 
much difficulty, they got their sentence 
executed. Other two of them, James 
Blackwood and John M'Coul, were exe- 
cuted at Irvine upon Monday December 
last (31st). When Mr. Alexander Nisbet, 
minister there, visited them in prison, he 
found them ignorant, and very much dis- 
couraged and damped with the near views 
of death and eternity. After he had be- 
stowed some pains upon them, and instructed 
them in the way of salvation by faith in 
Christ, when the day of execution came, 
they died full of joy and courage, to the 
admiration of all who were witnesses. An- 
derson, as I am told, was likewise obliged 
to hang them, and in a few days he himself 
died in distraction and great miserv. 

The courage and behaviour of William 
Sutherland, hangman at Irvine, a man very 
much master of the scriptures, and blameless 
and pious, and tlie carriage of the persecu- 
tors to him, deserve a room here. His own 
declaration, which I am well assured is 
genuine, and formed by himself, and account 
of his examination, will set this matter in 
its native light ; and therefore, though the 
paper be rude, and in a very homely dress, 
I have insert it below.* This poor man. 

* William Sutherland's declaration and examina- 
The sense of God's goodness, who justifies the 
ungodlv, and calls things that are not, and the 
persuasion of Christian friends, to whose charity 
I was much obliged during my imprisonment 
at Ayr for many weeks, moved me to declare as 
follows : 

I being come of poor parents in Strathnaver, 
(the wildest part of the north Highlands) who 
were not able to keep me, I was hired with a 
master who sent me to bring back a horse that 
colonel Morgan's party had taken from him ; 
which party I followed till the enemy fell 
betwixt nie and home, and being afraid to go 
back, and having a desire to learn the lowland 
tongue, I came alongst in a sad condition with 
the said party, till I came to Spey-side where I 
lierded cattle for a year in the parish of Boharm, 
at a place called the New Kirk ; from thence I 
came to the parish of Fyvie in Buchan, where 
1 also herded cattle for another vear ; from that 
place I came to the bridge of Stirling, where I 
followed the same employment a third year, 
which was the year the king came home; and 
from thence I came to Paislev, where after 
herding cattle a fourth year, I fell in extreme 
want, and that by the reason, the master whom 


after the hangman at Ayr fled, was by force 
brought from Irvine to that place, and 
boldly stood out against all the fair and foul 
means used to bring him to execute the 
above named persons there. When he had 
been i)ut in the stocks, and endured all the 
hardships he himself gives account of, and 
still persisted in his refusal, lieutenant-gene- 
ral Drummond ordered him to be taken 
out and bound to a stake, and caused a file 
of musketeers present their pieces, assuring 
him he was a dead man, if he yielded not 
to hang the condemned persons. This 
moved him not. Then they covered his 
face, and after a little the soldiers were, 
ordered to run in upon him with a shout, 
and all the noise they could make. Thus 
they resolved to make him feel the fear of 
death, though he escaped the pain of it. 
And this was his martyrdom, which he 
underwent with a great deal of composure 
and resolution. 

John Grier and William Welsh, the 
remaining pair of those condemned at Ayr, 
were executed at Dumfries, upon Wednes- 
day January 2d, 1667. Thither the com- - 
missioner with his company came; and 
after all the pains he had taken in this 
perambulation of the country, to discover 
a supposed plot, upon which the rising 
was alleged to have been founded, only 

I served being owing to one of the bailies, 
called John Weres, the bailie seized upon my 
master's goods, so that he ran awaj-, and I lost 
my fee, and was engaged by the counsel of some 
honest men from that scripture, " Suffer not a 
witch to live," to execute a witch, and to cleanse 
chimney heads, whereby 1 gained somewhat for 
livelihood ; and having a mind to learn to read, 
I bought a Question Book, but finding the people 
there to scar at my company, so that none would 
give me a lesson, I came fnmi Paisley to Irwin, 
about five years since, where, finding the people 
more charitable, and to encourage me in learning, 
I did so affect my book, the people, and the place, 
that without engagement I did act the part of an 
executioner, when they had any malefactors to 
put to death, and so with much trouble I attained 
to learn to read English, and as I grew acquainted 
with the Bible, 1 began to scruple to execute any, 
except I was clear they deserved to die ; and 
when the business of being executioner to some 
Southland men in Ayr came to my door, the 
scruples of my conscience grew upon my hand, 
because I had heard they were godly men, who 
had been oppressed by the bishops, whom I 
never liked since I loved the Bible; therefore 
I having a jealousy in my mind, that I should 
be troubled, I had a mind to go from the town 


learned that there was nothing to be dis- 

Thus 1 have given as full an account, as 
I could gather, of the sufferings unto death 


of these persons taken at Pentland. ,^ 
The following persecution of the 
rest who escaped, and of some gentlemen 
who never joined them, by forfeiture and 

after I heard some sermons ; it being the Lord's 
day, I having come to the kirk, opened mj' book, 
and the first place that came to my eyes, was ! 
that scripture Heb. iv. 12. to the end of the | 
chajiter. This word by the blessing of the Lord 
God blessing it to me, was so strengthening and 
refreshing to me, that all the trouble in the 
world was not able to quench it out of my heart ; 
and I having gone again in the afternoon to the 
kirk, I was taken out of the kirk and brought 
before the provost, and 1 refused to go willingly 
to Ayr. The provost told me, I would be for(xd 
.•igain'st my will. I told him, one might lead a 
horse to the water, but twenty- four would not 
make him drink, no m.ore should any make me 
to do that deed ; whereupon I was put in the 
tolbooth till i\Ionday at night (where 1 got 
much comfort reading the fourth chapter of the 
epistle to the Ileb. ), when a sergeant with six 
soldiers came from Ayr to Irwin for me, and 
the provost, to terrify me, brought me out before 
them ; and when they saw it would not do, then 
I was sent back again to prison until Tuesday 
morning, then I was constrained to go with the 
guard that came for me from Ayr. They offei'ed 
me meat and drink, but I refused, and would 
not take it, but bought a farthel of bread and a 
mutchkin of ale ; and when I came thither I 
was brought before the provost, and notwith- 
standing of many promises by the provost, and 
those that were with him, I refused to undertake 
to execute the southland men, whereupon I was 
presently committed to prison in the tolbooth ; 
and the first night I was prisoner, there was one 
Mr. White a curate came to me to persuade me 
to do any office on the said persons, and said. 
What is this you arc doing ? do ye not know 
that thir men are guilty of rebellion ? and from 
I Sam. XV. told me that the rebellion whereof 
these men were guilty was as the sin of witch- 
craft : to whom I answered, that that rebellion 
was Saul's rebellion against the immediate 
command and revealed will of God, and that 
for sparing Agag and the best of the cattle ; 
and was as the rebellion spoken of the children 
of Israel, when they rebelled and refused to go 
to the land of Canaan, but would have chosen 
ra]>tains, and have gone back again to Egypt ; 
and that is like the rebellion spoken of by the 
prophet Isaiah, " All day long have I stretched 
out my hands to a stiff-necked, rebellious and 
gainsaying people." I told him this was not 
rebellion against man, and in the New Testa- 
ment it is called a trespass, and our Lord said 
to Peter, " If thy brother trespass against 
thee, forgive unto seventy times seven." So 
I think, if the Galloway men should trespass 
twenty times, it was far fewer than seventy 
times seven, the king should forgive them, 
though it were rebellion against him, ■which I 
do deny : remember what good king David 
did when he fled from Absalom, when Shimei 
came out and cursed him, and cast earth and 
stone at him, but yet he forgave him, much 
more I think our king should forgive the Gallo- 
way men, who respected and prayed for him, 
end who, if he were amongst them, would not 

let a hair of his head fall to the ground. But, 
said ]Mr. White, David was a prophet and a 
merciful man : Well, said I, Sir, will ye make 
ill men your example, and iu)t good men, what 
divinity is that? At which he was so ashamed, 
the soldiers laughing at him, that he said in his 
anger. Away with thee, the devil is in thee, 
and thou hast dealing with familiar spirits. I 
answered. If the devil be in me, he is an 
unnatural devil, for if he were like the rest of 
devils, he would bid me take as many lives as I 
could, that he might get many souls; but the 
spirit that is in me will not suffer me to take 
good men's lives. Then Mr. White left me, 
and a number of cursed blaspheming soldiers 
came about me, and brought me before the 
general and lieutenant-general, my lord Kellie, 
my lord provost, and several other gentlemen, 
where they were met together in a lodging in 
the town : some of them boasted me, and some 
of them scorned me, and some of them said, I 
would go to the devil with the rest of the country 
folk. Others asked me. If I were a covenanter, 
he must be a covenanter. I said though I Avas 
no covenanter, yet I had respect to it for his 
sake by whom it was named, and who had in 
his word threatened to send a sword to avenge 
the quarrel of his covenant; and I said, wh;it a 
covenant will ye give us? If ye take away the 
covenant of God, ye will give us the covenant of 
the devil, for there is but two covenants, a goo<l 
one and a bad one. Then they called for the 
boots to put me in ; and 1 said, Bring the boots 
and the spurs too, you shall not prevail. Then 
they were angry, and said. The rogue scorns us, 
and thinks no better than to do so. Then they 
mentioned that a cruse full of hot lead should be 
poured on my hands, and while the lead was 
melting, they "went aside and spake Latin, as I 
thought, among them.selves, and when they had 
done, they brought the lead to pour it on my 
hands, and I was willing to receive it rather 
than to obey; then they were astonished, and 
had put it on the fire again until they should get 
more speech out of me. Then my lord Kellie 
came unto me, and flattering me, said. Poor 
man, I heard they wronged thee, and brought 
thee out of the kirk on the Sabbath-day betwixt 
the preachings, they might have let thee heard 
the sermon, I heard* they put thee in the tolbooth ; 
who came to see you when you were in the 
prison ? did not your minister Mr. Alexander 
Nisbet come to see you, nor any of the honest 
men of the town ? I answered (as it was true), 
none came to see me. He said, they have been 
very unkind ; did you not see Mr. James Fer- 
gusson since we came west ? I said No. Then 
said the lieutenant-general. Away with him, 
they have forbidden him to tell, and have said, 
nothing shall ail him, but he shall rue it when 
he shall be hanged, and casten out to be eaten 
of dogs : tell me quickly, said he, who learned 
you these answers, and forbade you to tell ; I 
perceive you have gotten a jiajter f'l'om some of 
these rebellious people, and has gotten your 
answers perquire. I said, Not so, my lord, but 
God, that sail!, Fear not when ye shall be 




otherwise, will come in the order of 
time upon the succeeding j'ears. 
It is a loss we have not preserved to us a 
more particular account of these excellent 

brought before kings and rulers for my sake, 
it shiill be given you in tiiat hour what you 
shall say, I will give thee a mouth, and wisdom 
that thine adversaries shall not be able to answer, 
be makes his promise good to me. Then a 
number of the gentli'inen said. Away with him, 
the devil is in him, he has dealing with familiar 
spints. I answered him, as I answered Mr. 
White before. Then said the lieutenant-gene- 
ral, Tell me quickly who put these words in thy 
mouth, or you shall be hanged : to which I 
answered. Even he ^vho made Balaam's ass to 
speak and repi'ove the madness of the prophet ; 
and marvel not, for he that could make a dumb 
ass to speak, can much more make me a reason- 
able creature to speak, it is he that gave me 
these answers, and likewise forbids me to do 
this, it is he and no other. Then said my lord 
Kellie, He thinks no better sport than to bring 
scripture as he would confound us with it, but 
you shall rue it when you are going to be hanged. 
I answered, If this confound you, ye shall be 
better confounded yet, read ye never that 
chapter, 1 Cor. i. 26 — 29? "Flow not many 
wise men after the flesh, not many mighty, not 
many noble are called, but God hath chosen the 
foolish things of the world to confound the 
things that are mighty ; and base things of the 
world, and things that are despised hath God 
chosen, and things that are not, to bring to 
nought the things that are, that no flesh should 
glory in his presence." Then said my lord 
Kellie, Take the devil out of my sight, and put 
him in the narrowest place of the stocks. The 
provost of Ayr, when he saw me altogether 
refusing, he rounded in my lug. What are you 
afraid of the country f(dk, I sliall give you fifty 
dollars, and you may go to the Highlands, or 
where you ;)lease. I answered him, speaking 
out loud t!ii!t all might hear, What, would you 
have me sell my conscience, where can I flee 
from God ? remember Jonas fled from God, 
but the Lord found him out, and ducked him 
over the lugs, so shall he me, if I go over the 
light of my conscience. Then I was taken 
away and put in the stocks ; then came four 
musketeers before me and charged their muskets, 
lighted their matches, the more to terrify me, 
and brought a cap for my head ; but when they 
saw me open my breast to rec^eive the shots, and 
that I was willing to die, then came one and 
said. Let him alone, he shall not be shot, he 
shall be hanged and drawn out of the town 
that dogs may eat him, for shots is over good a 
death for him. While I was thus in the stocks 
I was very thirsty, and called for a drink ; then 
thej' intended to bring me a drink of wine ; but 
one of the soldiers, an Irishman, that could 
speak Latin, forbade me to take of their wine ; 
as he told me afterwards, they had a mind 
rather to poison me, and to give me that which 
■would distract me ; and because I refused, they 
threatened in their anger, that whosoever gave 
me a drink of water should get the goadloup ; 
so I lay until it was dark night, and tliere 
was people that would have given me meat and 
drink, but the soldiers would say blasphemously. 
If ye come one foot further here, I shall 

[book II. 

persons' carriage, both in prison and at their 
death. By the short hints I have met with, 
I persuade myself it would have been very 
useful and instructive. Their behaviour all 

rash my pike through your soul ; then I said to 
that soldier tliat was sentry over me, and sitting 
beside me. Give me a chopin of water, and I 
will give you a chopin of ale for it ; but he said, 
I dare not, you heard what was threatened, but 
if you will give me a sixpence, I will hazard; 
so I gave him a sixpence, 1 having half-a-crown 
about me, and thinking to die to-morrow, I 
thought a chopin of water was better to me than 
all the money in the world ; then he brought 
me the chopin of water, and held his cloak 
betwixt me and the light, for fear t!ie rest of 
the soldiers should see ; and when I had drunk, 
I was much refreshed. Thereafter some stand- 
ing by, said to me, What needs you or any 
others make din about bishops, seeing there is 
no other gospel pressed upon you but what was 
before ? to ^vhom I answered. Know ye not 
what Paul says. Gal. i. 6. '• 1 marvel that ye 
are so soon removed to another gospel, which is 
not another; but there are some that trouble 
you, and pervert the gospel of Christ ; and if any 
man says he brings another gospel, or perverts 
the same gospel, let him be accursed," and con- 
sider to whom that belongs; but what think ye 
of the bishops, said some? I answered, that I 
truly think the bishops take more on them than 
Christ, who was a better preacher than any of 
them ; for he would not meddle with the divid- 
ing the inheritance among the brethren; as 
when the young man in the Gospel came to 
Christ, saying to him. Waster, bid my brother 
divide the inheritance w'itli me, but our Lord 
refused, saying. Who made me a judge? seeing, 
he being a spiritual teacher, refused to meddle 
with civil law, why will our bishops sit in par- 
liament, and go in before earls? 1 am informed 
they sit and ride in parliament, and judge in 
worldly affairs ; they have their coaches to sit 
in, but neither Christ nor his apostles had them; 
they are lords over God's heritage, and our 
Saviour says to his ministers. The princes of the 
Gentiles exercise dominion, but it shall not be so 
among you, but he that will be greatest shall be 
servant of all. The bishops are like the Scribes 
and Pharisees against whom tlie I-ord pro- 
nounced many a wo ; Wo be to you ScriJjes and 
Pharisees, ye love the chief seats in the syna- 
gogues, so love oiu' bishops the chief seats of the 
parliaTnent ; Wo be to you Scribes and Pharisees, 
for ye love to wear long robes, and to be called 
of men Rabbi: the bishops desire side gowns, 
and a man to bear up their tails too, and they 
think they never get their right style till they be 
called my lord, and some of them your grace ; 
you give grace to a graceless face ; they oppress 
the poor people to feed their own bellies, for 
which the Lord pronounces many a wo against 
them. Then said they, Timothy and Titus were 
bishops. I answered. They were preaching 
bishops, but not bishops over whole dioceses ; and 
as the apostle says, I Tim. iii. "a biihop should 
be blameless, the husband of one wife, vigilant, 
sober, of good behaviour, given to hospitality, apt 
to teach;" so I think a j)reaching bishop should 
have but one flock, but they will not be content 
with one kirk; and if every bisho]) had as many 
of your wives as he has kirks, you would be as 

CHAP. I.] 



along was with the greatest meekness and [ would save their lives by renouncing .„„„ 

magnanimity ; and very much of the spirit 
of the primitive Christians runs through 
many of their last speeches. None of them 

ill pleased with them as I am. Remember ye not 
that scripture, " He that will not work should 
not eat ?" The liishops must have thousands in 
the year, but they preach but when they will. 
Then they asked me, What think yon of the 
king ? I said, would you have me speak treason ? 
the king is set over us all by God, and all his 
subjects should pray for him, and defend his 
pei'son and government, and obey in all things 
according to the wiu-d of God ; but I wish that 
liis majfsty and all kings may take good heed to 
the law of the Lord. liemember ye what 
befell king Uzziah that went into the temple to 
burn incense, which was not his office, and the 
priests forbade him and said. It shall not be 
for thy honour; and the plague of God broke 
out upon him, and he remained a leper all his 
days ; so I think our king should tear God's 
jiulgments for breaking and changing the wor- 
ship of God. Remember ye not the king of 
Jerusalem that made a covenant with the king 
of Babylon, and the Lord ow^ned it as his cove- 
nant ; when he broke it, he said he should be 
punished, his children were slain before his eyes, 
and his eyes plucked out, and he carried 
prisoner to Babylon, where he died. Remember 
you not how Herod in the 12th of the Acts, 
went up to the high jdace to make an oration, 
and the people said, It is the voice of a god, and 
not of a man, and the Lord sent his angel and 
smote him, and he was eaten of worms, that he 
died ; so 1 perceive there is no difference before 
God between the king and the beggar. Remem- 
ber that covenant that was between the Turk 
and the Christian king; the Christian brake the 
covenant, and the Turk held up the covenant, 
and said. If thou be a God as the Christians say, 
and as we dream thou ait, revenge the quarrel 
of thy perfidious people, who in their deeds 
deny thee to be God, and he won the battle ; 
and think ye not the king should be afraid for 
the breaking of his lawful oath? Then Mr. 
White came in and disguised himself, and put 
on a gray hat and gray clothes that I should not 
know him, and he sat down upon the stocks 
beside me and began to say, I wonder at these 
country folks, if they had any other gospel 
preached unto them, it were something : then I 
answered, see what the scripture says, Gal. i. 6 
— 10. " I marvel that ye areso soon removed from 
him that called you into the grace of Christ 
unto another gospel ; which is not another ; but 
there be some that trouble you, and would per- 
vert the gospel of Christ : but though we or an 
angel from heaven preach any other gospel unto 
j'ou than that which we have preached unto 
you, let him be accursed ; fordo I now persuade 
men or God, or do I speak to please men ? for 
it I j'et pleased men, I should not be the servant 
of Christ." Then said they. Have you learned 
your Latin, Greek, and Hebrew, that you 
should know these things? as long as better 
scholars and great men have done it, what needs 
you trouble yourself? That is, said I, as spoken 
in the Gospel of John, when the Scribes and 
Pharisees sent ofTicers to take Christ, when 
he spake that parable, He that believeth on me, 

the covenants, and taking the de- 
claration. None of them made any shifting 
defences in their process, but fairly and 

as the scripture liath said, out of his belly shall 
flow rivers of living water; then the Scribes 
sent officers to take him, and when they had 
not taken him, they asked, Why have ye not 
brought him? the officers answered, Never man 
spake as this man ; then answered the Pharisees, 
Are ye also deceived? Have anyoftlie rulers 
believed on him? but this people who know not 
the law are accursed. Remember ye not what 
our blessed Lord said, I thank thee, O Father 
of heaven and earth, that thou hast hid these 
things from the wise and prudent, and revealed 
them to babes. How know ye, but the Lord 
has revealed more to me than your bishops with 
their side tails? Then came the cajitaiu of the 
guard and said. You may see we are right and they 
are wrong ; for we have won and they have lost : 
I did then remember what the scripture saith 
of John the Baptist, there was not one greater 
b(wn among women, who was the forerunner of 
Christ, yet when he had done the work the 
Lord sent him for, he was beheaded by cursed 
Herod ; many of you say that Herod was right, 
and John the Baptist wrong. They were not able 
to answer this. Then I said. When Cromwell 
took his prisoners, he neither headed them nor 
hanged them as ye do ; then they answered me, 
Cromwell had not right nor law as we have : 
1 said, I will seek no other words against you 
than that of your own mouth, for ye say, that 
Cromwell had no right nor \&\v, yet he won 
many a battle against you, and over-ruled the 
best of you ; ye see a wicked man may prosper 
in an evil cause ; for your law, I trow, it be 
like that cursed law. By our law he must die, 
and by our law they must die. Then came 
some of the soldiers, and said, We have heard 
tell of some of your countrymen that have 
been hanged for stealing kine and horse and 
sheep, but you are the first we liave heard of 
laid down his life for religion : tlien I answered. 
If one that is barbarous, or come out of a barbar- 
ous pla('e, has respect to his conscience, what 
shall come of you who think yourself brought 
up at the feet of Gamaliel, that has no respect 
to your conscience, what think you shall become 
of you when you shall be judged at the last day? 
Then said they. Speak no more to him, let him 
alone. Then after that I heard that they would 
take no more lives ; then came some of the 
greatest men to me, and said. What think you of 
yourself now ? there is a barrel with pikes made 
to put thee in, and roll thee up and down : I 
said, I even think of myself as I did at first ; I 
said unto him. Why have you not taken aU their 
lives, seeing they are all alike guilty? Then they 
said. Yon are more cruel than we are, for we 
have taken but some to be example to others; 
then I said. Wo be to your example, for your 
example is not according to the word of God, 
for remember what the word of God saith. The 
son shall not die for the father, nor the father 
for the son, far less should a man be an example 
to one that is born in England or Ireland. I 
heard that they wei'e minded to strangle me in 
prison, but they could not agree among them- 
selves ; they said, We cannot tell how to do it, 



,„„„ boldly owned what they had done, 
as Christians and Scotsmen, for 
the cause of religion and liberty. All 
of them owned the king's authority, and 
disclaimed any rebellious designs, to set up 
against the government, and still professed 
they were craving no more, but a redress 
of the church and kingdom's grievances in 
the only way now left them. I hear, most, 
if not all of them, left their written testi- 
monies behind them, and it is pity any of 
them are lost. Scarce the half of them are 
in Naphtali. Though some of them had 
lived long in bondage through fear of death, 
and others of them had sore anguish of 
body through the wounds received at Pent- 
land, their torture, and other pieces of ill 
treatment afterward, yet all of them died in 
great serenity and peaceful hope of salva- 
tion. George Crawford was so pleased to 
die, that he pressed to be up the ladder, 
and, when upon the top of it, triumphed in 
Christ. And as they had much solid peace 
and comfort as to their own eternal state, 
so many of them had a firm expectation 
that God would deliver Scotland from the 
bondage of bishops, and their influence 
upon the heavy oppressions the country 
was groaning under. 

A few of them were persons of learning 
and great knowledge. Major M'Culloch, 
Corsack, Mr. Hugh M'Kail, have been 
spoken of already. When Knockbreck and 
his brother were turned off the ladder, it is 
said, they clasped each other in their arms, 
and thus endured the pangs of death. The 
most of them were illiterate persons, of very 
common education, and yet in their dying 
speeches they discover a greatness of soul, 
much piety, and good sense. Their friends 

but word will be gotten of it, and then it will 
make us more odious. After I came out of 
prison, my lord Eglinton sent for me, and 
asked me of thir passages, and he said to me, 
Poor man, poor man, you did well in not doing 
what they would have had you to do; I answered 
to my lord. You are speaking treason, you say I 
have done well, whereas you persecute them 
from the first to the last ; this tells me in experi- 
ence, that you have gone against the light of 
your conscience; Wo will be to you that go against 
the light of your conscience. IVl y lord said, Know 
you liot I kept you from being hanged, and are 
you telling me that? I answered, Keep me from 
drowning too, I will tell you the verity. 


who knew them before, could not but 
remark, it was given them what and how to 
speak in that hour. John Wodrow, mer- 
chant in Glasgow, in his testimony and 
letter to his wife, was observed to go far 
beyond one of his education and circum- 
stances ; and his very style was noticed to 
be nmch above what it was formerly known 
tobe.* Humphrey Colquhoun,whenhedied, 
spoke not upon the scaffold and ladder, like 
an ordinary townsman, but like one in the 
suburbs of heaven ; related his Christian ex- 
periences, called for his Bible from one of his 
friends, and laid it on his wounded arm, and 
read some most apposite passages, and spoke 
to the admiration of all who heard him. 
Unless it be the first three worthies men- 
tioned in the former book, never did men in 
Scotland die more lamented by the specta- 
tors, yea, the religious part of the nation, 
but most of all, when Mr. Hugh M'Kail 
suffered, there was scarce ever seen so 
much sorrow in on-lookers ; scarce was 
there a dry cheek in the whole street, or 
windows at the cross of Edinburgh.f He 

* This John Wodrow, I find from a MS. 
history of the family now in my hands, was 
uncle to the historian, though his native modesty 
has prevented him from taking any notice of 
the circumstance. — Ed. 

f At the place of execution, Mr. M'Kail 
having addressed to the people a speech and 
testimony, wliich he had previously written 
and subscribed, sung part of the 31st Psalm, 
after which he j)rayed with great power and 
fervency. He then, handing from him his hat 
and cloak, took hold of the ladder, atid, as he- 
went up, said, with an audible voice, •' I care 
no more to go up this ladder, and over it, than if 
I were goitig home to my father's house. Friends 
and fellow sufferers, be not afraid, every step 
of this ladder is a degree nearer heaven." Hav- 
ing seated himself on the ladder, he said, " I do 
partly believe, that the noble counsellors and 
rulers of this land, would have used some miti- 
gation of this punishment, had they not been 
instigated by the prelates, so that our blood lies 
principally at the prelates' door, but this is my 
comfort now, I know that my Redeemer liveth, 
&c. And now I do willingly lay down my 
life for the truth and cause of God, the covenants 
and work of reformation, which were once 
counted the glory of this nation; and it is for 
endeavouring to defend these, and to extirpate 
the bitter root of prelacy, that I embrace this 
rope." Hearing the people weep, he continued, 
" Your work is not to weep, but to pray, that 
we may be honourably borne through, and bless- 
ed be the Lord that supports me now. As 
I have been beholden to the ])rayers and kind- 
ness of many, since my imprisonment and sen- 
tence, so I hope you will not be wanting to mo 


was a youth of twenty-six years of age, lie faitli upon, that the night after 
universally beloved, singularly pious, of very the battle, and after some of these ^* 
considerable learning. He had seen the public executions, they heard the voice of 
world, and travelled some years abroad, and a multitude about ^Velston Mount, praisin"- 

and singing psalms with the sweetest melody 

was a ver}' comely graceful person, I am 
told he used to fast one day every week, 
and had frequently before this signified to 
his friends, his impressions of such a death 
as he now underwent. His share in the 
rising was known to be but small ; and 
when he spoke of his comfort and joy in 
death, heavy were the groans of these 

Many remarks might have been made 
upon the process insert in the appendix, and 
pleasant observes from the testimonies pub- 
lished in Naphtali ; but this would swell this 
work very much. When these good people 
were executed, such who were accustomed 
too much to cursing, cursed the prelates ; 
and such as used to pray, prayed the guilt 
of this innocent blood might not be laid to 
their charge, nor visited upon the land. I 
have met with several accounts of prodigies 
seen in the air about this time ; and persons 
who lived then, of good information, have 
left behind them a very strange passage, that 
several people about Pittenweem made pub- 

now, in the last step of my journey, that I may 
•witness a good confession : and tiiat ye may 
know what the ground of my encouragement in 
this work is, I shall read to you, in the last 
chapter of the Bible," which, having read, he said, 
" Here you see the glory that is to be revealed on 
me ; ' a pure river of water of life,' &c. ; and here 
you see my access to my glory and reward, 
' Let him that is athirst come,' &c. ; and here 
you see my welcome, ' The Spirit and the bride 
say, Come.' Then, looking down the scaffold, he 
said, " I have one word more to say to my 
friends. Where are ye? ye need neither lament 
nor be ashamed of me in this condition, for I 
make use of that expression of Christ, ' I go to 
your Father and my Father, to your God and 
my God.' to your King and my King, to the 
blessed apostles and martyrs, and to the city of 
the living God, the heavenly Jerusalem, to un 
innumerable company of angels, to the general 
assembly of the first-born, to God the .TutJge of 
all, to the spirits of just men made perfect, and 
to Jesus the mediator of the new covenant ; and 
I bid vou all farewell, for God will be more 
comfortable to you than I could l>e, and he will 
be now more refreshing to me than you can be. 
Farewell, farewell in the Lord." The napkin 
was now put upon his face, but having piayed 
for a short space, he put it up with In's hand, 
and said, he had a word more t- say concernnig 
what comfort he had in hi* -^ath, " I hope you 
perceive no alteration -'• discouragement in my 

imaginable: but I am unwilling to insert 
any thing here save what is fully attested, 
and leave those things to be inquired into 
by such as shall write a complete history of 
these times. 

It is not my work in this historical essay, 
to insist upon a vindication of these religious 
and excellent persons who sulTered at this 
time. This hath been done oftener than once, 
and this rising hath been proven to be no 
rebellion, but a necessary and forced appear- 
ance for religion, liberty, and property : and 
yet, without ever attempting an answer to 
what hath been said in vindication of 
these sufferers, it hath been the way of the 
prelatic party to run them down as villains 
and rebels. This was the cant of the days 
before the late happy revolution; and no 
great wonder, since the then laws and gov- 
ernors were pleased to talk at this rate : but 
this treatment, I confess, is a little odd 
since that happy turn, when matters are 
much altered. That Jacobites and papists 

countenance and carriage, and, as it may be •»-'"^' 
wonder, so, I profess, it is a wonder to iv/self, 
and I will tell you the reason of it. resides 
the justice of my cause, this is r^y. -^onifort, 
what was said of Lazarus when **^ Jied, ' that 
the angels did carry his soul t" Abraham's 
bosom,' so that as there is a grj^t^-iolemnity here 
of a confluence of people, a sca<"ol'^' a gallows, a 
people looking out at wind'^^s, so there is a 
greater and more solemn r-eparation of angels, 
to carry my soul to Chr.'^t's bosom.— Again this 
is my comfort that it - to c<"ne to Christ's hand, 
and he will present it blameless and faultless to 
the Father, and then shall I be ever with the 
Lord. And now I '^ave off to speak any more 
to creatures, and 6egin my intercourse with 
God, which shal^ never be broken off. Farewell 
father and mother, friends and relations — fare- 
well the world and all delights — farewell meat 
and drink — farewell siui, moon, and stars — 
welcome God and Father — welcome sweet 
Jesus Christ, the IMediator of the new covenant, 
— welcome blessed spirit of grace, and God of 
all consolation — welcome glory — welcome eter- 
nal life, and welcome death." He then desired 
the executioner not to turn him over till he 
himself should put over his shoulders, which, afttr 
a few moments spent in prayer within himself, he 
did, saying, " O I^ord, into thy hands I commit, 
my spirit, for thou has redeemed my sou], O 
God of truth." Vide Samson's Riddle, Napb- 
tali, Biographia Scoticana, &c. &c. — JSd. 



,^^^ should continue in the style of those 
times, they would so willingly have 
us back to, is no great wonder : but for any 
■who own the revolution, the authority of 
king William of ever glorious memory, and 
the Protestant entail now so happily taken 
effect and established, to rail at these persons 
as rebels and what not, is every way unac- 
countable and inconsistent. The ver}' same 
reasons which Aandicate the revolution, " as 
being an extraordinai'y case, a case of 
necessity, and still implied, though not 
expressed in the general rules of loyalty and 
subjection to sovereigns, when the sovereign, 
misled by evil counsellors, endeavoured to 
subvert and extirpate the Protestant religion, 
and the laws and liberties of the kingdom," 
to borrow the words of a great lawyer, the 
same arguments are of equal weight in this 
case. The cause was indeed the very same, 
religion and reformation, law and liberty; 
and had the attempt under the prince of 
Orange miscarried, as, blessed be the Lord, 
it did not, no question it would have been 
branded with the same hard names of rebel- 
lion, and resisting the ordinance of God, 
this was loaded with, yea, with worse. 

We have seen the declaration of these 
people who rose at Pentland, and I shall 
'•efer the reader to the documents subjoined, 
^'•'"'re he will see two associations or cove- 
nants, y j^g please, entered into at Exeter, 
and in ti^tnorth of England, while king James 

V 11. was Ufojj thg throne, which in some 
things go a gi^ater length than our Pentland 
men.* And it the success of this rising 

* Association at J^zeter, 1688. 
We whose names are hereunto subioined, who 
have now joined with the prince of "Orange, for 
the defence of the protesta^t reliirion, and for 
the maintaining the ancient government, and 
the laws and liberties of England, Scotland, and 
Ireland, do engage to Almighty God, to his 
higiiness the prince of Orange, and to ont another, 
to stick firm to this cause, in the defence of it, 
and never to depart from it, until our religion, 
laws, atid liberties, are so far secured to us in a 
free parliament, that we shall be no more in 
danger of falling under popery and slavery. 
And whereas we are engaged in this common 
cause, under the protection of the prince of 
Orange, by which case his person might be 
exposed to danger, and to the cursed attempts 
of papists and other bloody men ; we do therefore 
solemnly engage to God, and one another, that 
if any such attempt be made upon him, we will 


was not equal to that of the revolution, 
these brave and gallant men were not to 
blame : but the Lord's time set for the 
delivery of this poor church and kingdom, 
was not come. And I must add, what hath 
been already hinted, that their appearance 
was not concerted with that caution the 
difficulty of the times required ; and they too 
much depended upon assistance from others 
in the same oppressed circumstances with 
themselves : and when that failed them, 
they failed in their attempt. But leaving 
those things to others who may handle them 
more fully, as a historian I shall only lay 
before my readers, the plain matters of fact 
as to this undertaking, many of them scat- 
tered up and down in the former account ; 
that having the whole circumstances under 
view at once, they may judge for themselves. 
Pentland attempt, then, was no premedi- 
tated, but a very accidental rising, some few 
country people were obliged to by the bar- 
barous oppression of the cruel soldiers. — It 
was merely upon necessity and self-defence 
they took arms, being morally assured they 
would be murdered by these merciless men, 
had they not looked to themselves after their 
first attempt. — When some were thus got 
together, others of better note joined them, 
as being under the same grievances, though 
not so liable to military execution as they ; 
and knowing no other method of getting 
redress, but in this posture, all application 
to the king being discharged by law, and the 
bishops in council effectually stopping any 
thing like this; that they had no more in 

pursue not- only those that make it, but all their 
adherents, and all that we find in arms against 
us, with the utmost severity of a just revenge, 
to their ruin and destruction. And that the 
execution of any such attempt (which God of 
his infinite mercy forbid) shall not divert us 
I'vom prosecuting this cause, which ^ve do now 
undertake, but that it shall engage us to carry it 
on with all the vigour that so barbarous an 
action shall deserve. 

Association in the North of England, 1688. 

We being made sadly sensible of the arbitrary 
and tyrannical government that is, by the influ- 
ence ot Jesuitical counsels, coming upon us, do 
unanimously declare, That not being willing to 
deliver our posterity over to such a condition of 
popery ax\i slavery, as the aforesaid illegalities 
do inevitably tfr^eaten, we will, to the utmost of 
our power, opposcOio game, bv joining with the 
prince of Orange, &c. A.nd herein we hope all 




their view, appears plain enough, from their 
treatment of Sir James Turner, when in 
their hands. — When they came eastward to 
make this application, and had, at the noble- 
men's desire, with the general's concurrence, 
agreed to a suspension of arms, and had in 
part proposed their grievances, and these 
were sent to the council, and they some 
way under a treaty ; they were attacked in 
a sudden and subdolous way, and obliged 
then to resist force by force, when no 
indemnity was allowed them.— When taken 
at the engagement, they got quarters, and a 
promise of their life ; and it was contrary to 
ail rules to be dealt thus with after quarter 
given and taken.— Several of those who 
were executed, were not in the engagement, 
had not borne arms, and were only in the 
company with the rest, when going through 

the country Some of them, I know not 

how many, not having the date of the king's 
letter, nor the time when the primate 
received it, died to gratify bishop Sharp's 
cruelty, and contrary to the king's express 
orders, " that no lives should be taken." — 
All of them owned the king's authority, and 
suffered really, if the matter be narrowly 
considered, not so much for their rising in 
arms, there was grace to pardon that, as for 
their not renouncing their sworn covenant, 
and refusing to take the declaration, for 
which it would seem, the bishops would 
allow of no mercy : so that they died not for 
rebellion, but religion and conscience' sake. 
— In short, the reader will notice, that these 
worthy persons are fairly vindicated, as 
soon as the nation recovered its senses, by 
our revolution-parliament act, July 4th, 
1G90, rescinding forfeitry, where the forfeited 

fjood protestants will, with their lives and 
fortunes, be assistant to us, and not be bug- 
beared with the opprobrious tcrnris of rebels, by 
Ti-hich they would fi'ight us to become perfect 
slaves to their tyrannical insolencies and usur- 
pations : for we assure ourselves, that no rational 
and unbiassed person will Judge it rebellion to 
defend our laws and religion, which all our 
princes have sworn at t'leir coronation ; which 
oath, how well it hath been observed of late, we 
desire a free parliament may have the consider- 
ation of. We own it rebellion to resist a king 
that governs by law, but he was always accounted 
a tyrant, that made his will his law ; and to 
resist such a one, we justly esteem no rebellion, 
but a necessary defence, &c. 


persons are restored, not ex gratia, 
but exjustitia; and all decreets and 
sentences pronounced by any judges against 
them, are declared void and null frovn the 
beginning. The good men confessed they had 
risen in arms, and the thing was evident ; yet 
our parliament, in this circumstantiate case, 
plainly judging it not to be treasonable, or 
rebellion, pronounce ex jus/ilia, their sen- 
tences void and null from the beginning, and 
those excellent persons innocent: and I 
have no doubt, but long before this public 
vindication from men, these sufferers had a 
very comfortable sentence passed upon them 
by the righteous Judge of all men. 




This affair of Pentland had no small 
influence upon the interests of pre- 
lacy in Scotland : some of the bishops at 
least reckoned now their enemies were 
buried, and that none would dare, after this, 
to move a lip against them or their procedure. 
Their fears were much over, and they took 
care to brand the presbyterian party, as a 
few inconsiderate rash rebels, enemies to 
monarchy and them ; but they came to see 
their mistake, and matters proved quite 
contrary to their expectation. The blood- 
shed last year, had an effect not unusual in 
the Christian church, really to encourage 
good people in their adhering to the words 
of Christ's patience. Since the reformation 
there had been but few executions for 
conscience' sake; and now when these are 
turning common, by the cheerful and Chris- 
tian sufferings of so many, people are ani- 
mated to their duty, and hardened against 
danger ; as if now, and scarce till now, they 
had believed that torture and death for 
Christ's sake, can be gone through with 
cheerfulness, by Divine assistance; and that 
not only by eminent, but ordinary saints. 

To blacken these noble sufferers, Mr. 
Robert Lawrie,* a little after their death. 

* He was by the people of Edinburgh, on a 
former occasion, termed " the nest egg." — Ed. 


jgg„ declared, from one of the pulpits 
in Edinburgh, that they had gone 
down to the pit with a lie in their right 
hand ; but brought no proofs of his uncharit- 
able and unchristian censure. There was 
indeed a cause ; he was hounded out to this 
bitter and unjust reflection. Their death, 
and the triumphant nature of it, had left 
deep impressions of the righteousness of 
their cause, and their own innocence : 
and this public calumnj' only left the 
speaker under a blot, yea, the hatred and 
contempt of many, but did no hurt to the 
sufferers. Indeed, from the time of these 
repeated public executions, the episcopal 
interest in this kingdom gradually and 
sensibly decayed, till the prelates, the chief 
instruments of this bloodshed, were at length 
laid aside as a public nuisance. The 
nobility perfectly wearied to follow these 
severe courses, and this year the persecution 
slackened, people began more generally to 
dishaunt the churches, and the outed 
ministers ventured to preach a little more 
publicly, particularly Mr. John Welsh, whose 
labours were singularly and eminently 
blessed of God. Multitudes flocked to their 
sermons, and much love to the gospel 
abounded in a proportion to the benefit 
people felt by it : and the poor honest 
people, who were in raillery called Whigs, 
from a kind of milk they were forced to 
drink in their wanderings and straits, became 
name-fathers to all who espoused the interest 
of liberty and property through Britain and 
Ireland. If the reader would have another 
and perhaps better origination of the word, 
he may consult Burnet's Memoirs of the 
House of Hamilton. 

A little after the restoration, as hath been 
observed, Lauderdale had reasoned against 
the establishment of [)relacy in Scotland, as 
what would raise uneasiness to the govern- 
ment there, being really contrary to the 
inclinations of the most and best of the 
king's subjects. He was over-ruled, and 
the general outward quiet of the country, 
for some years after the obtrusion of episco- 
pacy, seemed to vindicate the sentiments 
of such who had opposed him ; but this 
insurrection, together with the general and 
growing contempt of the bishops and their 


clergy, and the great frequenting of presby- 
terian ministers' sermons, in houses and the 
fields, made the king to reflect upon what 
Lauderdale had assured him of; and being 
bent on his pleasures, lazy in business and 
impatient of disturbance, he was the more 
inclinable to mild and moderate measures. 

' Accordingly, this year, after a considerable 
struggle with the prelates and their party^ 

' Lauilerdale prevailed, and got an indemnity 
for Pentland insurrection, and in a little 
time the first indulgence came down. 

I That the reader may have a further view 
of the severities after Pentland altogether, 

' I shall first give some account of the 
methods taken by the army in the west and 
south on the back of this insurrection, and 
the forfeitures passed under form of law ; 
and then essay a more particular narrative 
of the procedure against presbyterians this 
year, the bond of peace offered them, with 
the indemnity at length granted. These 
may be matter for two sections. 

Of the severities of the army after Pentland, 
the forfeitures and other hardships upon 
such as were concerned in that attempt. 

A LITTLE after the victory at Pentland, 
general Dalziel, with a considerable number 
of his troops, marched westward to improve 
his success, in harassing all suspect of favour- 
ing presbyterians. We have, upon the 
former chapter, seen the powers given him 
by the council, December 1st. Here opens 
a scene of cruelty unheard of before in 
Scotland. Sir James Turner lately had 
forced Galloway to rise in arms, by his 
cruelty the last and former years : but he 
was an easy master, compared with the 
general, his ruffians, and Sir William Bannan- 
tyne this year. The reader cannot form any 
notion of their carriage, without some few 
instances out of many which might be given. 
It was the smallest part of those hardships, 
that the soldiers took free quarter through 
the west and south, as if they had been in 
an enemy's country : though this went very- 
nigh to destroy the sustenance of that 


country. In short, the soldiers do what they 
will, without control. 

The general takes up his head-quarters for 
some time in the town of Kilmarnock. I 
have a well attested account of many sums 
extorted from the inhabitants of that country 
town, by me, too large to insert here ; but 
only remark from it, that their loss, by quar- 
tering of soldiers, and other impositions, in 
a few months after Pentland,at a very modest 
calculation, was upwards of fifty thousand 
merks ; a terrible sum for a place of their 
poverty at that time. Hither Dalziel calls 
in the country-people about, the heritors, and 
whomsoever he pleases. Suspicion, without 
any probation, is what he goes upon. If he 
or his informers were pleased to entertain 
any jealousy a man had been in arms, or 
harboured any who had been in arms, this 
is reason enough to sist him before him ; 
and, as it was lately at the commission-court, 
few came but were either guilty, or made so, 
if they had any money. He not only 
examined privately, and endeavoured to 
expiscate crimes, and then pronounced sen- 
tence as he pleased, but threatened, and 
cruelly tortured whom he would. Not a 
few, yet alive, remember how he thrust so 
many into that ugly dungeon in Kilmarnock, 
called the thieves' hole, upon mere suspicions 
of their being accessory to the late rising, 
where they could not move themselves night 
or day, but were obliged constantly to stand 
upright. When in this pinfold, one of them, 
and it was God's good providence there 
were not many more, fell dangerously sick : 
the general would not allow him to come 
forth, till two compassionate persons were 
bail for him, to return him living or dead. 
The poor man died in a little, and the two 
sureties were forced to bring the body to the 
prison-door, where it lay a considerable time, 
till the general, in his great humanity, per- 
mitted the body to be buried. But some- 
what worse follows. 

David Finlay in Newmills parish, not far 
from that town, is by order brought before 
him. When examined, he acknowledged he 
was accidentally at Lanark, when colonel 
Wallace and his army came thither, but had 
not joined them. Being interrogate further, 
whom he saw there ? he gave little satisfac- 




tion ; and because he would not, and 
indeed, being only transiently there 
upon his business, could not give an account 
of the rich Whigs there, presently the general 
sentences him to die. He was no soklier 
under Dalziel's conunand, no judge had 
passed sentence against him, no witnesses 
were adduced, no council of war held, and yet 
the poor man is summarily ordered to be shot 
to death immediately. When he was carried 
off from the general, neither the lieutenant 
who was to execute the sentence, nor the 
man himself, took Dalziel to be in earnest ; 
but they found otherwise. The soldiers had 
positive orders to execute the sentence : 
when they signified so much, the poor man 
begged, for the Lord's sake one night's time 
to prepare for eternity. The lieutenant was 
so affected, that he returned to the general, 
and earnestly entreated the poor man might 
be spared but till to-morrow. His answer was 
like the man who gave it, " That he would 
teach him to obey without scruple." So the 
man was shot dead, stripped naked, and left 
upon the spot. The sergeant who had 
brought him from his own house to the 
general, being wearied, had gone to his bed, 
and slept a little ; when he awoke, and was 
acquainted with his sudden despatch, he 
sickened, took his bed immediately, and 
died in a day or two. 

Another instance of their tender mercies, 
was towards a poor country woman in the 
neighbourhood of Kilmarnock. A garrison 
was kept in the house of the dean, nigh by 
the town : the soldiers who lodged there, 
used frequently so traverse the country, to 
see if they could find out any of the Whigs 
wandering or hiding. One day a party of 
them saw a man at some distance, who, upon 
their approach, fled into a country-house 
near by, and both doors being open, only 
passed through it, and got down into a ditch 
full of water on the other side of the house, 
and stood up to the neck ; there he remained 
undiscovered, till he escaped. The party, 
when they observed him flee, pursued hard 
and came into the poor woman's house, and 
searched it narrowly, but miss their prey. 
All the poor woman could say, was. That 
indeed a man had run through her house, 
and she knew nothing about him : however 




because she owned the man had 
been in her house, and could not 
produce him, she is brought prisoner to 
Kilmarnock, where she was sentenced to 
be let down to a deep pit under the house 
of the dean, full of toads and other vile 
creatures. Her shrieks thence were heard 
at a great distance ; but nobody durst 
intercede for her, otherwise they would 
have been sent to bear her company. 
Whether she died there, or what became of 
her, I know not. 

Instances of such severities might be 
multiplied. I add but one further. Sir 
Mungo Murray had the command of some 
soldiers, and was rummaging up and down for 
intelligence, and to seize wanderers. He 
gets notice of two countrymen who had 
given a night's lodging to two of the Pent- 
land men, when coming home. The men 
are brought in before him, and, without any 
further probation than hearsay. Sir Mungo 
orders the two countrymen to be bound 
together with cords, and hanged up by their 
thumbs to a tree, there to hang all night. 
It is odd to think, how cruel men fall up on 
such methods to torment their fellow- 
creatures, as this and others we shall meet 
with. The poor men would in all proba- 
bility have died before next day, through 
pain and torture, had not some of the soldiers 
been so merciful as to cut them down to 
save their Uvea, though this was at the 
hazard of being dealt with themselves the 
same way. These are some part of the 
unprecedented methods taken by the army 
in the west, and much more was done of 
this sort. The vexation, loss, and hardships 
the country-people were put to, cannot be 
expressed. Meanwhile, the poor Whigs 
either got off to wander in a strange land, or 
lurked in some retired corners under bor- 
rowed names, or hid themselves in caves and 
coal-pits ; and this was the sorest winter of 
persecution Scotland had known of a long 

Sir William Bannantyne, much about the 
same time, was sent into Galloway with a 
considerable party of soldiers under his com- 
mand. Some of his cruelties have been 
noticed, and others of them will come to be 
narrated afterwards : I shall only set down 

[book II. 

here attested accounts of his carnage in two 
or three parishes, upon the back of Pentland. 
The reader will find more of this nature in 
Naphtali. He was more than once harass- 
ing this poor country. At his first incoming 
after Pentland, he brought four hundred foot, 
and a troop of horse to Roger Gordon's of 
Holm, in the parish of Dairy, against whom 
nothirg could be charged ; but wherev^ they 
pleased, they took free quarters. At the 
Holm, he and his horsemen ate up sixteen 
bolls of corn, killed and ate vast numbers of 
sheep, and consumed abundance of meal and 
other things, besides what they took away 
from him and his neighbours. From thence 
they went to the house of Earlston. Some 
of the sufferings of the family of Earlston 
have been pointed at, and now the house is 
made a garrison. From this parties were 
sent out through that parish, and these 
about, and exercised inexpressible cruelties 
upon any they were pleased to allege had 
been at Pentland, or conversed with such. 
One David M'Gill, in that parish, whom they 
came to apprehend, escaped happily from 
them in women's clothes ; but dreadful wa? 
the way taken with his poor wife, whom they 
alleged accessory to her husband's escape. 
They seized her, and bound her, and put 
lighted matches betwixt her fingers for 
several hours : the torture and pain made 
her almost distracted ; she lost one of her 
hands, and in a few days she died. They 
pillaged the country round about, as they 
pleased. Some they brought to their gar- 
rison, though under heavy sickness, stripped 
them naked almost by the way, bound them, 
and cast them into nasty places, without the 
least accommodation ; and it was a great 
favour to let them out when at the point of 

Many were the fines the soldiers uplifted : 
from one countryman in Dairy parish a 
thousand merks were exacted ; another poor 
man was fined in three hundred and twenty 
merks, a part of it was paid, and his bond 
taken for the rest, and that was afterward 
exacted in the year 1684. Another country- 
man in the same parish had a hundi'ed and 
fifty pounds imposed upon him, and another 
four hundred merks. These fines were per- 
fectly arbitrary, founded upon alleged suspi- 


cions that the poor people had been con- 
cerned in the rising, and so were laid on just 
as the soldiers pleased, and as the man was 
able to pay. In the parish of Carsphairn, 
Gilbert Monry in Marbrack, without any 
alleged fault, had fifty merks imposed upon 
him. When he asked Sir William Bannan- 
tyne for what he was fined, the other 
answered, because you have gear, and I 
must have a part of it. Great numbers of 
sheep and nolt were taken in that parish, 
and gentlemen as well as others were ruined. 
Alexander Gordon of Knockbreck, for his 
sons being at Pentland, sufiered a great deal, 




prevent him, and fell in grips with 
Sir William, and being too strong 
for him, Bannantyne called in the soldiers 
who were at the door: they took the gentle- 
man, and bound him with his head betwixt 
his knees, and his hands behind his back, 
with a tether, and kept him lying on the 
ground in that pickle all that Saturd<iy's night, 
and part of the Sabbath, till his friends came 
and gave bond for him. This gentleman was 
no Whig, but had been with the king's 
forces at Pentland. Bannantyne and his 
party drank in the house, most of the Lord's 
day; and when they could drink no more. 

and his family after him, as in part we have let what remained run upon the ground, and 

seen. John Gordon in ("arnevel* had his 
whole estate, being sixteen thousand merks, 
taken from him ; another lost his lands worth 
about six hundred merks a year. Seven 
hundred merks were taken by the soldiers 
from three countrymen near Loch Doon. 

In the parish of Balmagie, Sir William 
came into a public-house, and after calling 
for some ale, he offered wickedness, and 
attempted it on the mistress of the house. 
Her husband being present resisted him ; 
whereupon Sir William struck him down 
dead on the spot ; and some life remaining, 
when about to kill him outright, a gentleman 
in the parish being present, endeavoured to 

* Mr. Wodrow, in additions and amendments 
printed in the 2d Vol. of his History, besides 
correcting tliis name from Robert to John, adds, 
" He was elder brother to the present Robert 
Gordon of Garvery, who, after his brother's 
decease, succeeded to him. I had lately sent 
me an attested account of this worthy gentle- 
man's sufferings, too large to be insert here. 
They began after Bothwell, vi'here Mr. Gordon 
was : his house at Carnavel, lying on the high 
road betwixt Ayr and Galloway, was often 
spoiled by the soldiers in their marches, and the 
gentleman was forced for a long time to forsake 
his own house and wander in the mountains, 
and in his absence great ravages were com- 
mitted. Three troops were quaitered upon his 
family, who cut down a large bank of young 
trees, destroyed his corn and meadows, killed 
great numbers of his sheep, and took away what 
they pleased from him and his tenants. At the 
same time, four companies of foot, quartered in 
the church-yai'd of Caj'sfiirn, not far from liis 
house, and they brought in multitudes of his 
sheep, killed and ate them. In short, Garvery 
was forced to retire to London, and, after he 
had ventured home, 1683, he underwent great 
hai-dships, and was obliged to hide till the 
liberty 1687."— -Be?. 

ni\p.d the house of all in it. In short, it was 
known, that Bannantyne, in this country, 
never refused to let his men rob and plunder 
wherever they pleased. His oppressions, 
murders, robberies, rapes, adulteries, &c. 
were so many and atrocious, that the 
managers themselves were ashamed of (hem : 
and we shall afterwards hear that he was 
called to some account for them, and forced 
to flee the nation; and when at London, 
made an attempt upon Lauderdale, which 
obliged him to go abroad, where he died in 
misery. Those hardships from the army 
continued upon the west and south country, 
till, towards the beginning of June, a 
squadron of Dutch ships came up the Firth 
of Forth, to make reprisals for the hurt done 
to their trade by our privateers. They shot 
some guns at Leith, and fired some hours 
upon Burntisland, without doing any great 
damage. The army was then ordered to the 
east country to guard the coasts. 

A great many other hardships were put 
upon good people after Pentland, by others 
as well as the army. Many were imprisoned 
upon mere suspicion, and without any ground 
put to a vast deal of trouble. James 
Grierson of Dalgoner was imprisoned in the 
tolbooth of Ayr ; he was perfectly innocent 
as to the rising in arms, and earnestly craved 
a trial, but was not allowed it : at length, 
upon giving caution for compearance, under 
a vast sum, he is let out. John Hamilton 
of Auldstane or Austane, was in January 
apprehended by the council's order, upon a 
suspicion that major Learmont, his son-in- 
law, had been in his house after Pentland. 



j„„„ Nothing could be proven, and with 
difficulty he got out, upon giving 
bond to compear when called, under penalty 
of ten thousand raerks. At the same time 
I find the council liberates one Carmichael, 
alleged to have been at Pentland, upon his 
signing an obligation to serve at sea in a 
frigate. But I come to end this section, 
with some account of the procedure of the 
government, in forfeiting such who were not 
catched at Pentland, and others who had 
not been there, in August this year ; and 
some hints at the sufferings of others upon 
the account of that rising, of which I have 
no particular dates, but they come in natively 
enough here. 

Upon the 15th of August, the earl of 
Athole justice-general, and Sir John Hume 
of Renton justice-clerk, with the two 
assessors appointed by the council, the earls 
of Linlithgow and Dumfries, hold a justice- 
court at Edinburgh. Their main design 
was against the lairds of Caldwell and 
Kersland, whose estates were to be given 
the general and lieutenant-general, for their 
good services. 

Sir John Nisbet the king's advocate 
produceth a commission signed by the com- 
missioner Kothes, to pursue criminally before 
the justice-court, and for forfeiting these 
following persons in their lives and fortunes, 
as being in the late rebellion in the west, 
viz. " colonel James Wallace, major Joseph 
Learmont, William Maxwel of Monrief 
younger, John M'Clellan of Barscob, John 
Gordon of Knockbreck, Robert M'Clellan 
of Barmageichan, James Cannon of Burn- 
shalloch younger, Robert Cannon of Mont- 

drogat younger, John Welsh of Star, 

Welsh of Cornley, Gordon of Garrary 

in Kells, Robert Chalmers brother to Gad- 
girth, Henry Grier in Balmaclellan, David 
Scot in Irongray, John Gordon in Middleton 
of Dairy, William Gordon there, John 
M'Naught there, Robert and Gilbert Cannons 
there, Andrew Dempster of Carradow, James 
Grierson of Dargoner (who was delayed), 

James Kirk of Sundaywell, Ramsay in 

Mains of Arnistoun, John Hutchison in 

Newbottle, Row, chaplain to Scots- 

tarbet, Patrick Listoun in Calder, Patrick 
Listoun his son, James Wilkie in Mains of 

Cliftounhall, William Muir of Caldwell, the 
good-man of Caldwell, Mr. John Cuningham 
of Bedland, William Porterfield of Quarrel- 
toun, Alexander Porterfield his brother, 
Robert Ker of Kersland, William Lockhart 
of Wicketshaw, David Pe in Pokellie, Mr. 
Gabriel Semple, Mr. John Semple, Mr. John 
Guthrie, Mr. John Welsh, Mr. Samuel 
Arnot, Mr. James Smith, Mr. Alexander 

Pedin, Mr. Orr, Mr. William Veitch, 

Mr. Paton, Mr. John Crookshanks, Mr. 

Gabriel Maxwel, Mr. John Carstairs, Mr, 
James Mitchel, and Mr. William Forsyth." 
What hath been remarked upon the 
proclamation, December 4th, above narrated 
discharging reset and converse with those 
above named, needs not be repeated here. 
Some here insert, as Mr. Crookshanks, 
were dead, and some others named had no 
being : and we shall afterward hear, that 
the council correct the names of some of 
them, in the indemnity which comes down 
this year. Upon dittay given in against 
these persons by the advocate, which I 
have insert below,* the court decerns them 

* Indictment against colonel Wallace, §-c. 1667. 
Curia justiciaria, S. D. N. regis, teiita in prs- 
torio burgi de Edinburgh, decimo quiiito die 
mensis Augusti, 1667, per nobilem et poteiitem 
comifem Joannem, comitem de Athole, justi- 
ciarium generalem dicti supremi nostri regis, 
et doniinuin .Toanuem Hume de Rentoun, uii- 
litem, clericum justiciarium dicti S. D. N. 

Curia legittime affirmata. 
Assessors to the justices: — 
Alexander earl of Linlithgow, 
William earl of Dumfries. 
My lord advocate produced an act of his 
majesty's privy council whereof the tenor is 
insert above. 

The which day, colonel James Wallace, major 

Joseph Learmont, Maxwell of Monrief 

younger, Madellan of Barscob, Mac- 

lellan of Balmagachan, Cannon younger of 

Barnshalloch, Cannon younger of Barley, 

Cannon younger of Mondrogget, Welsh 

of Skar, Welsh of Cornley, Gordon of 

Garery in Kells, Robert Chalmers brother to 
Gadgirth, Henry Grier in Balmaclellan, David 
Scot in Irongray, Jolin Gordon in Midton of 
Dairy, William Gordon there, William INIac- 
naught there, Robert and Gilbert Cannons there, 

Gordon elder of Bar of Kilpatrick-durham 

Patrick Macnaught in Cumnock, John Mac- 
naught his son, Gordon younger of Holm, 

Dempster of Carridow, of Dar- 
goner, of Sundiwall, Ramsay in 

the Mains of Arniston. John Hutchison in 

Newbottle, Row Chaplain to Scotstarbet, 

Patrick Liston elder portioner of Langtoii, 
William Liston his son in Ci'ofthead, Patrick 


to be denounced rebels, and their lands to 
fall to his majesty's use, as outlaws and 
fugitives from his majesty's laws, upon their 
noncompcarance. It seems a simple for- 


feiture was not reckoned a good jgg_ 
enough claim for the estates now to 
be disposed of, and therefore the advocate 
urged to have a sentence of death passed 

Listen younger in Over-liston, Wilkie in 

the jVIaius of Cliftoiiliall, William Muir of 
CaliUvell. John Caldwell of Caldwell, Robert 
Ker of Kersland, Rlr. John Cuiming^ham of 
IJedlaud, William Poiterfteld of (iuarrelton, 
Alexander Porterfield .his brother, William 
Lockhart of Wicketshaw, John Hutchison of 
Harelaw, — — Bell of JMiddlehouse, William 
Denholm of W^asteshields (his name is not in my 
lord advocate's Warrant, to be insisted against, 
anil was past from judicially, and therefore is 
delete) David Poe"in Pokelly, Mr. Gabriel 
Semple, John Semple, Mr. John Guthrie, Mr. 
John Welsh, Mr. Samuel Arnot, Mr. Jarues 

Smith, IMr. Alexander Pedin, Mr. Orr, 

]Mr. William Veitch, air. Paton, Mr. John 

Cruikshanks, Mr. Gabriel Maxwell, Mr. John 
Carstairs, Mr. James INIitchell, IMr. William 
Forsyth, being oftentimes called to compear 
hefoi'e his majesty's justice-general, justice-clerk, 
or justice-deputes, to have underlien his ma- 
jesty's laws for the crimes following, mentioned 
in the dittay : that where, notwithstanding by 
the common laws, and the law of nations, and 
the laws and practice of this kingdom, and 
many clear and express acts of parliament, the 
rising of his majesty's subjects, or any number of 
them, and their joining and assembling together 
in arms, without his majesty's command, war- 
rant, or authority, and Avhen the same is not only 
■without, but against and in opposition to his 
majesty, and his authority and laws, are most 
horrid and heinous crimes of rebellion, treason, 
and lese-majesry in the highest degree ; and all 
persons committing or guilty of the crimes, or 
any ways accessory thereto, or who do abet, 
assist, reset, or intercommune with, or keep 
correspondence with such rebels, or otherwise 
do supply them in any manner of way ; and 
being required by proclamation or otherwise, do 
not rise with, and assist his majesty's lieutenant, 
and others having power and authority for 
repressing the said rebels, ought to be proceeded 
against, and severely punished as traitors, con- 
form to the laws and acts of parliament of tliis 
kingdom : and in special it is statute and ordain- 
ed by the 3d act of king James I. his lirst parlia- 
ment, " Tliat no man openly or notourly rebel 
against the king, under pain of life, lands, and 
goods." And by the 27th act of the said king 
James I. his second parliament, it is statute, 
'' That no man shall wilfully resist, maintain, 
and do favour to open and manifest rebels against 
his majesty and the common laws, luider the 
pain of forfeiture." And by the 14th act of king 
James II. his sixteenth parliament, entituled, 
" sundry points of treason," it is statute, " That 
if any man do, or commit treason against the 
king's person or his majesty, or rises in fier of 
war against him, or resets any that has com- 
mitted treason, or supplies them in help, ease, 
or counsel, they shall be punished as traitors." 
And by the Mi act of king James Yl. pari. 12. 
it is statute, " That where any declared traitor 
repairs in any part of this realm, none of his 
majesty's subjects shall presume to reset, supply 
or intercommune with them, or give them any 

relief or comfort ; and that immediately upon 
their repairing in the bounds, all his majesty's 
good subjects do their exact diligence in appre- 
hending the said traitors and rebels ; and that 
with al! speed they certify his majesty, or some 
of his sacred council, or some persons of authority 
and credit within the shire, that such rebels are 
within the same, under the pain that the said 
rebels and traitors ought to sustain, if they were 
apprehended, and convicted by justice." Likeas, 
by the 3th act of his majesty's late parliament, 
and first session thereof, it is declared, " That it 
shall be high treason to the subjects of this king- 
dom, or any number of them, more or less, upon 
anj' ground of pretext whatsomever, to rise and 
continue in arms, to make peace or war, to make 
treaties or leagues with any foreign princes or 
estates, or amongst themselves, without his 
majesty's special authority and approbation first 
interponed thereto ; and all other subjects are 
discharged, upon any pretext whatsomevei', to 
attempt any of those things under the said pain 
of treason." And by tlie 7th act of the foresaid 
parliament, and first session thereof, all his 
majesty's subjects are inhibited and discharged, 
that none of them presume, upon any pretext or 
authority whatsomever, to reijuire the i-enewing 
or swearing of the league and covenant, or any 
other covenant or public oaths, concerning the 
government of the church and kingdom, without 
his majesty's special warrant and approbation ; 
and that none of his majesty's subjects offer to 
renew or swear the same, without his majesty's 
warrant, as they will be answerable at their 
highest perils. Nevertheless, the foresaid persons 
and their associates, shaking off all fear of God, 
and conscience of duty and loyalty to his majesty, 
their native sovereign prince, and natural tender- 
ness to their country, have most perfidiously 
and treasonably contravened the said laws and 
acts of parliament, and committed the crimes 
foresaid in manner above specified, in so far as 
this his majesty's ancient kingdom, having for 
many years suffered and incurred all the calam- 
ities and miseries, and tragical effects and conse- 
quents of a civil war and foreign usurpation, 
and now, after his majesty's ha])py restitution, 
beginning to recover of so long and wasting 
a consumption, through the blessing of God, 
and his majesty's incomparable goodness and 
clemency, and having, by an act of oblivion, 
secured the lives and fortunes of the said persons, 
and others who were conscious to themselves, 
and might have justly feared to be under the 
lash and compass of law and justice ; and when 
his majesty and his good people, had just reason 
to expect security and quiet at home, and assist- 
ance against his enemies abroad, yet they, and a 
party of seditious persons, retaining and persist- 
ing in their inveterate disloyalty and disaffection 
to his majesty's government and laws, did take 
advantage and opportunity of the time, when he 
was engaged in a chargeable and bloody war, 
with divers of his neighbour princes and estates, 
being jealous of, and envying his majesty's great- 
ness and prosperity, and the happiness of these 
kingdoms under his government, and having 



1667. "P°" "^ '"^"y °f *^'^^'" ^s he saw 
fit to insist against. The diffi- 
culty was obvious which lay against this 
illegal proposal ; the persons were absent, 

contrived and projected a most horrid insurrec- 
tion and rebellion, tending to involve his majesty's 
kingdoms in blood and (•ont'usion, and to en- 
com-age and strengthen his enemies, did rise, 
convene, and assemble themselves together in 

arms, and upon the day of November last, 

did march to, and enter within his majesty's 
town of Dumfries, in a hostile manner,' with 
their drawn swords and other arms, and did 
beset the house where Sir James Turner and 
other of the officers of his majesty's forces were 
lodged for the time, and did violently seize upon 
the said Sir James his person and goods within 
his lodging, and did detain and carry him 
about syitli them captive, as a lawful prisoner 
taken from an enemy, and did search for, and 
would have taken the minister of the said town, 
if he had not escaped ; and while the foresaid 
persons were in the said town, they, their 
accomplices, and associates, did many other acts 
of insolence and rebellion ; and having in manner 
foresaid, openly avowed and proclaimed their 
rebellion, in so public and insolent a way, to the 
great contempt and affront of authority, they 
and their complices, in pursuance of the same, 
did convocatc his majesty's people and subjects, 
and endeavoured to stir'them up, and persuade 
them to join in the foresaid rebellion, and seize 
upon the persons, horses, and arms, and plunder 
and rifle the goods and houses of divers his 
majesty's good subjects, and in special of faithful 
and loyal ministers ; and, by seditious sermons, 
insinuations, and other practices, did so far 
prevail in the ste warty of Kirkcudbright, 
and the shire of Wigton, and the shires of Ayr, 
Lanark, and other western shires, that many 
persons flocking and resorting to them and 
their complices, they had the boldness and 
confidence to send a considerable party to liis 
majesty's town of Ayr, and seize upon and 
take all the arms were there ; and not con- 
tent to proceed to the height of rebellion in 
manner foresaid, they and their complices, did 
presume to regulate their monstrous and irre- 
gular rebellion, and in the formality and frame, 
and under the name and notion, to form and 
model themselves in companies and regiments, 
and to name captains of foot, commanders of 
troops, and other officers, under the command 
of the said colonel James Wallace, Joseph Lear- 
mont, and other persons of known disaffection 
to his majesty and his government; and though 
his niajesty's lieutenant-general did march speed- 
ily for repressing the said rebellion and insur- 
rection, and his majesty's council did emit and 
issue a proclamation, declaring the said insur- 
rection to be a manifest and horrid rebellion, 
and high treason, and commanding the said 
rebels to desist and lay down arms; with certi- 
fication if they would continue in their rebellion, 
they should be proceeded against as desperate 
and incorrigible traitors ; and discharging all 
his majesty's subjects to join, reset, supply, or 
intercommuno with them, and commanding 
them to rise and join with his majesty's lieu- 
tenant-general, and the forces under" him, under 
the pain of treason : yet the foresaid i)ersons and 

[book II. 

and it had not been a practick to put an 
indictment to the knowledge of an assize, 
and examine witnesses in absence of parties. 
To obviate this, the advocate, having before- 

their accomplices, did obstinately continue and 
march through the country, in their modelled 
army, as if they had been an enemy, and iu 
a capacity to encounter and dispute with arms 
with his majesty, their sovereign lord, and his 
forces ; and did, in a warlike and hostile manner 
and posture, enter within his majesty's town of 
Lanark, and there, upon the 2(ith day of Novem- 
ber, to palliate their rebellion with the colour of 
religion, did renew and take the oath of the 
covenant, and thence did march, quartering all 
alongst upon, and oppressing his majesty's good 
subjects, until they had the boldness and confi- 
dence to approach within two miles of his 
majesty's city of Edinburgh, where his judica- 
tories and lords of privy council and session 
were sitting for the time, and having quartered 
all night within the parish of Collington, at so 
near a distance from the said city, the said 
persons and their accomplices, upon Wednesday 
theSSth day of November, did dare and presume 
to encounter and fight with his majesty's armies 
and forces, under the command and conduct of 
his majesty's lieutenant-general, and other offi- 
cers at Fentland-hills, and did wound and kill in 
the said fight or conflict, divers of his majesty's 
good subjects, and endeavoured and did all they 
could to destroy his majesty's army, until, by 
the mercy of God, and conduct and valour of 
his majesty's lieutenant, and other officers and 
soldiers under him, they were vanquished, routed, 
and dissipated. Likeas, notwithstanding the 
laws, acts of parliament, and proclamation fore- 
said, and that thereafter a proclamation was 
emitted upon the 4th day of December, whereby 
his majesty, with advice of his privy council, 
did again discharge and inhibit all his subjects, 
that none of them should offer or presume to 
harbour, reset, supply, correspond with, or 
conceal the persons therein mentioned, or any 
other who concurred or joined in tlie said last 
rebellion, or, upon account thereof, appeared in 
arms in any part of this his majesty's kingdom, 
but to pursue them as the worst of traitoi-s, and 
present such of them as they shall have in their 
power, to the lords of privy council, sheriff of 
the shire, or magistrates of the next adjacent 
burgh royal, to be by them forthcoming by law; 
certifying all such as should be found to fail in 
their duty therein, they should be esteemed and 
punished as favourers of the said rebellion, and 
as persons accessory and guilty of the same. 
Nevertheless divers of the foresaid persons, did 
not only disloyalty fail in their duty, and did 
not rise and join with his majesty's lieutenant- 
general, and officers under him, for repressing 
and subduing the said rebels, but most perfidi- 
ously and treasonably did their uttermost endea- 
vours to advance, strengthen and promote the 
said rebellion ; and, in order thereto, in the 
months of one thousand 

six hundred and sixty-six, and several days 
thereof, or one or other of the said months 
or days, they met and convened at the IJank- 
end, Caldwell, Knockenmade, Chitterfleet, the 
Mearns, and divers other places within the 
v/estern shires and sheriffdoms of 


hand practised upon the lords of session, 
and obtained their judgment in this case, 
produceth in court a query to the lords of 
council and session, with their answer, 
which I shall here insert, as a document of 
the equity of those times. 

Query " Whether or not a person 

guilty of high treason, may be pursued before 
tiie justices, albeit they be absent and 
contumacious; so that the justices, upon 
citation, and sufficient probation and evi- 
dence, may pronounce sentence and doom 
of forfeiture, if the dittay be proven ? The 
reason of the scruple is, that processes of 
forfeiture are not so frequent, and that in 
other ordinary crimes, the defenders, if they 
do not appear, are declared fugitives, and 
that the following reasons appear strong 
and relevant for the affirmative. Imo, 
J5y common law, albeit a person absent 
cannot be condemned for a crime, yet in 
treason, which is crimen exetnptimiy this is a 
speciality, that absents may be proceeded 
against and sentenced. 2do, By act 1. 
Jam. V. pari. 6. it is declared that the king 
has good cause and action, to pursue all 
summons of treason, committed against his 
person and commonwealth, conform to the 
common law, and good equity and reason, 
notwithstanding there be no special law, 
act, or provision made thereupon; and 
therefore, seeing by the common law, per- 
sons guilty of lese-majesty may be proceeded 


against and sentenced, though they 
be absent, it appears that there is the 
same reason, that the justices should proceed 
against, and sentence persons guilty of trea- 
son though absent, and that they are 
sufficiently warranted by the said act to do 
so. 3tio, It is inconsistent with law, reason, 
and equity, that a person guilty of treason 
should be in a better case, and his majesty 
in a worse, by the contumacy of a traitor, 
the same being an addition, if any can be, to 
so high a crime ; and that he should have 
impunity, and his majesty prejudged of the 
casualty and benefit arising to him by his 
forfeiture. 4to, The parliament is in use to 
proceed and pronounce forfeiture, though 
the party be absent ; and in so doing, they 
do not proceed by a legislative way, but as 
the supreme judges : and the parliament 
being the fountain of justice, what is just 
before them, is just and warrantable before 
other judicatories in the like cases. 5to, By 
the above-mentioned act of parliament, it is 
statuted, that summons and processes of 
treason, may be intented and pursued, after 
the decease of the delinquent, against his 
memory and estate, for deleting the one and 
forfeiting the other, whereupon sentence 
may follow to the effect foresaid. And 
therefore, seeing sentence may follow, where 
the delinquent cannot be present, and is not 
in being, it were against all reason, that 
where they ai'e wilfully and contumaciously 

and did conchide and resolve to join 
with the said rebellious party; and being armed 
with swords, pistols, and otherwise, they joined 
themselves in troops and companies, and did 
elect and choose captains, lieutenants, and other 
officers, and did accept the said charges and 
employments, and did accordingly ride and 
inarch from place to place, and did write letters 
to friends and neighbours to join with them, 
and did intercept letters, that thereby they might 
have notice and intelligence where his majesty's 
armies and forces were, and of their forces, 
motions, and designs ; and, to the same purpose, 
did go and send out others for intelligence, and 
divers other acts of treason and hostility, and in 
the months foresaid, as also, after the defeat of 
the said rebellious party, in the ensuing months, 
betwixt the said defeat and the date of the said 
proclamation, and one or other of the said 
months, and several days thereof, the foresaid 
persons, within the said western shires and 
sheriffdoms of within 

their own bounds, and their own tenants' houses, 
and other places, did harbour, conceal, reset, 

supply, correspond, and intercommune with the 
persons particularly abovenamed, contained in 
the said proclamation, the said 4th of December, 
one thousand six hundred and sixty-six years, 
and others who concurred and joined in the 
said late rebellion, and who upon that account 
appeared in arms. In doing of which, and one 
or other of the said deeds, the foresaid jiersons, 
and ilk one of them, have committed and incur- 
red the pains and crimes of treason, and are 
guilty of being authors, actors, accessory, art 
and part thereof; wliich being found by an 
assize, they ought to be punished in their persons 
and goods, to the terror and example of others; 
as they who, upon the 29th of May, 26th, ^7th, 
and 28th days of June, 1st, 2d, and 3d days 
of July, respective, last bypast, were lawfully 
charged by John Telfer herald, Alexander Mur- 
ray, and James Alison pursuivants, to have 
found caution acted in the books of adjournal 
for that effect, lawful time of day being bidden, 
and the forenamed persons not entering nor 
compearing to the effect above- written. 



absent, they should not be proceeded 
against, and sentenced if they be 
guilty : and it were most unjust, that his 
majesty should be forced to call a parliament 
for punishing and forfeiting of persons being 
absent ; or that he should wait until they 
die, especially seeing in the interim the 
probation may perish by the death of the 

This is the utmost so good a lawyer could 
go, in reasoning for this stretch against 
these worthy gentlemen. I shall not pretend 
to answer the reasons brought from an old 
and antiquated law in times of popery, nor 
from the king's interest, which seems fully 
to be answered by the simple forfeiture, nor 
consider the reasoning from parliamentary 
power to that of inferior judges : I am well 
assured that any lawyer could very easily 
expose the weakness of such arguing ; only 
it may be remarked, that as soon as a parlia- 
ment sat, it was found needful to approve 
ex post facto this reasoning, and the follow- 
ing answer. 

Opinion of the Lords of Sessioii. 
" The lords of council and session having 
considered the query presented to them by 
the lord Bellenden, his majesty's treasurer- 
depute, it is their opinion, that upon the 
justices' citation, and sufficient probation 
taken before the judges and assize, they 
may proceed, and pronounce sentence there- 
intil, and forfeiture against the persons guilty 
of high treason, though they be absent and 
contumacious. Jo. Gilmor, I. V. D." 

Matters being thus prepared to the lords' 
hands, they declare their own power, and 
go on to their work, find the dittay relevant, 
and refer it to an assize. That day the 
advocate insisted against colonel Wallace 
major Learmont, Barscob, Mr. John Welsh, 
Mr. James Smith, Patrick Liston, his son, 
and Quarrelton. Their process I have 
insert below.* They had some difficulty to 

* Process against Colonel Wallace, 1667. 
My lord advocate produced a warrant and 
order direct to him by his majesty's commis- 
sionei'. The justices find, that, conVorm to mv 
lord advocate's desire, the forenanied persons 
may be both declared fugitives, for their contu- 
macy and not appearing, and also insisted against 

[book TI. 

get an assize, but at length made a shift; 
and it is made up of officers in the army 
the general's servants, and some papists. 
Sentence was pronounced the same day. 

for their forfeiture. The criminal letters being 
read, my lord advocate produced particular 
dittays against cei-tain persons. The justices 
find tlie dittays relevant, and ordain the same to 
be put to the knowledge of an assize. My lord 
advocate declared he insisted primo loco against 
the persons following, viz. colonel Wallace, 
major Joseph Learmont, John M'Clellan of 
liarscob, Mr. Jolin Welsh, Rlr. James Smith, 
Patrick Liston in Calder, William Liston his 
son, William Porterfield of Quarrelton. The 
justices continue the trial of James Cannon of 
Barley, and James Grierson of Dargoner, until 
the first Tuesday of November, being the fifth 
day thereof; as also continued the trial of the 
forenamed persons to the 13th day of November 
next to come, except these already guilty this 
day, aud to be tried to-morrow. 


James Somerwell of Drum, 

"William Rig of Carberry, 

Sir Robert Dalziel of 

"Walter Kennoway secretary to the general, 

John Ruthven tutor of Garden, 

William Melvile of Dysart, 

Colonel James Hay, 

Sir John Falconer knight, 

James Lockhart of Cleghorn, 

James Hepburn of Bear ford, 

James Weems of Pitcnnny, 

George Elphinston of Sclmes, 

Major Geoi'ge Grant, 

James Johnston of Sheens, 

Sir William Bellenden knight, 
The assize sworn, no objection in the contrary. 
Sir James, Turner, aged fifty years or thereby, 
sworn, depones. That he saw colonel Wallace, 
Learmont, Barscob, Smith and Welsh, at Dum- 
fries, Ayr, Lanark, Collington, Pentland, or at 
some of the said places : depones, That Wallac* 
and Barscob acted as commanders of the rebel- 
lious party: depones, That they had all pistols 
and swords, both the three commanders, and 
Smith and Welsh ministers; that they were all 
at Pentland in anns in the rebels' army. 

Ja. Tith>?h;r, 
David Scot in Bridge-end of Cornwall, aged 
forty years or thereby, married, sworn, depones. 
That he saw the foresaid persons at Ayr, Lan- 
ark, and other places, with the rebels ; that 
W^allace and Learmont commanded in chief; 
that he saw Barscob there, and that the third in 
the army : depones, That he went with the 
rebels, and that all the foresaid commanders and 
ministers w^ere in arms, with horses, swords, 
and some of them with pistols. Da. Scot. 

Daniel Mitchel in Cumnock, aged forty years 
or thereby, married, sworn, depones, That he 
saw Wallace, Learmont, Barscob, Welsh, and 
Smith with the rebels, all alongst until the con- 
flict at Pentland : depones, That he knows that 
Wallace, Learmont, and Barscob had command 
in that army ; that they all had horses and arms ; 
that he saw them march towards the day of the 

William Lawrie of Blackwood, aged years 
or thereby, married, depones. That he saw 
Wallace and Learmont with the rebels at Bath- 


and all the abovenamed were forfeited 
in life and fortune. It may be remarked, 
that Sh- James Turner wtis the first wit- 
ness who swore in this process, though it 

gate ; that Wallace sent a letter with the deponer 
to the ^k'licral of the king's forces ; that Wallace 
commanded the rebellious party ; that at Col- 
lington he asked who was i\Ir. John Welsh at a 
person, and he was shown to him by that ]»erson ; 
that he knew not Wallace of before, but he 
himself and that party called him so, and that 
they said he commanded ; that Wallace sent a 
letter signed with his hand in manner fores^iid. 
Will. Lawiiie. 

Patrick Bisset, bailie of Lanark, aged years 
or thereby, su'orn, depones. That James Wallace, 
Joseph Learraont, were with the rebels, and in 
the deponent's house, but knows none of the 
rest ; that Wallace and Learmont commanded 
in chief, and they had swords, pistols, and horses. 
Pat. Bisset. 

David Fanny in aged thirty years, mar- 

ried, sworn, depones. That he saw Patrick 
Liston elder, and William Liston his son, with 
the rebels in arms, at the deponent's own house, 
in the parish of Ilatho, the day before the con- 
flict at Pentland : depones, he saw them march 
away with the rebels ; that Patrick Liston did 
draw sheaves out of the deponent's yard ; that 
Patrick Liston had a sword, two pistols, and a 

Hugh Finny in Plate, aged thirty-six years or 
thereby, married, sworn, depones, That Pati'ick 
Liston was with the rebels at the Plate, in the 
parish of Ratho ; that the deponer saw Patrick 
Liston in arms with a sword and dirk; that he 
came there with the rebels, and went away with 
them, and that he knew the said Patrick Liston 
elder to be one of the rebels' number ; that he 
■went away with them the day before the light. 

Archibald Hodge in Orton, in Ratho parish, 
aged thirty-six years, sworn, depones. That 
Patrick Liston and his son William were riding 
with the rebels, that he saw them at the east 
end of Ratho kirk, that day they came to Col- 
lington ; that the said Patrick had a sword and 
two pistols ; that Vv'illiam had a sword ; that 
both of them went with the rebels. 

William Gillespieat Newbridge, in Kirkliston 
parish, aged fifty years, married, sworn, depones, 
That he saw Patrick Liston elder, and William 
Liston his son, in company with the rebels, with 
swords and pistols. 

James Cochran in Knockenmade, aged fifty 
years, or thereby, married, sworn, depones, 
That upon Saturday before the defeat of the 
rebels, Bedland, Mr. Gabriel Maxwell, Kers- 
land, and another minister, came to the deponer's 
house about midnight, and stayed a long time : 
depones. That immediately thereafter he heard 
Caldwell give order to his tenants, to meet at 
Chittertleet with their arms and best horse; 
this was at the deponer's house. That the 
Sunday in the morning, depones. That these 
persons, and besides them, Quarrelton, Black- 
ston, and Quarrelton's brother, the good-man of 
Caldwell younger, Mr. John Carstairs, and 
others, did meet on that Sunday at the Chitter- 
fleet ; that the deponer, being one of Caldwell's 
tenants, was there : depones. That while they 
were at Quarrelton, he heard that the earl of 


is pkun he could not well purge ifcj 
himself of malice ; yea, the privy 
council itself, corrupt as it was, found 
hhn guilty, and condemned him afterwards, 

Eglinton's man was taken, and his letters taken 
from him, but saw him not. Depones, That 
they did march from Chitterileet to Langton ia 
the night, and from Langton to Kilbride, Wil- 
liam Porterfield being one of tliem; tliat they 
were thirty-nine horsemen in number, armed 
with swords, and some had pistols : depones, 
they marched from Kilbride to the House of the 
^luir in troop and order, Caldwell and Mr. 
Gabriel IMaxwell on their head, and Blackston 
in the rear : depones, he heard Mr. Gabriel 
Maxwell say to Blackston, Go to your place in 
the rear, and Blackston did so. Depones, That 
seeing some country people, imagined them to 
be the general's army ; and that Caldwell and 
the other gentlemen did retire and put them- 
selves in order, but it was found to be country 
people driving their horse : that when the gentle- 
men first saw them, they imagining them to be 
of the general's army, that they retired to a moss. 
Depones, That he heard Caldwell and that party 
speaking amongst themselves, that they would 
go to the southland army ; and that he heard 
Caldwell and 3Ir. Gabriel Maxwell say this, 
that if Porterfield of Quarrelton were at them, 
that they would keep a private council. Depones, 
That the country people on the Monday at 
night, fearing that they would join with the 
rebels, desired to go home, and that Air. Gabriel 
Maxwell threatened them, and said. If they 
would go, they might meet with a miresnype. 

John Stevenson in Ramshead, aged fifty years, 
or thereby, sworn, depones, That Caldwell's 
officer warned him and the I'est of the tenants, 
to meet their master at Chitterfleet, and that 
Caldwell gave him a sword. Depones, That he 
saw William Portei-field of Quarrelton, and the 
rest of the gentlemen at Chitterfleet. Depones, 
That the earl of Eglinton's man was taken 
before he came, that he saw the footman there, 
that he heard his letters were broken up, and 
that they kept him prisoner till night. Depones, 
to the number and names of the other persons, 
to their journey and travelling, confurmis prace- 
denti, that Blackston was with them. Depones, 
they formed themselves in troops, that Mr. 
Gabriel Maxwell desired them to ride in order, 
and there the deponer heard JMr. Gabriel Max- 
well desire Blackston to go to his place in the 
rear, and accordingly he did go : that the gen- 
tlemen seeing the connti-y people, imagining 
them to be the general's men, feared and retired 
out of the way. Depones, that the gentlemen 
told that they were to go by Douglas and that 
way ; the deponer and the rest hearing that, sus- 
pected, and would not go with them ; that Mr. 
Gabriel threatened them, and said they might 
meet with a miresnype, if they vrould go away ; 
that William Porterfield of Quarrelton was all 
alongst with them. 

John Neilson in Ramshead, aged thirty-six 
years, or thereby, married, sworn, depones. 
That he knows nothing of their riding in order, 
nor Blackston's riding in the rear, that he saw 
none of the country people, that Caldwell and 
the rest of the gentlemen never told them 
whether they were to go to the southland party; 





for oppressing them, as we 

Next day, August 16th, the chief part of 
the process comes on; and the advocate 

as to their being at Chitterfleet, the rest of their 
journey and number, depones conformis prmce- 
ilenti, and to the threatening of Mr. Gabriel 
Maxwell, and depones that Quarreltoti went all 
alongst with them. 

Joim Anderson in Caldwell, aged twenty- 
four years, or thereby, not married, sworn, 
depones. That tlic laird's officer warned them to 
go alongst with him, and that he did go; knows 
nothing of the earl of Eglinton's servant ; as to 
their journey, number and marching, depones 
conformis pnvcedenti. Depones, that once they 
were in order of a troop. That Mr. Gabriel 
Maxwell rode on the head, and Blackston on 
the rear, tliat he saw William Porterfield of 
Quarrelton go alongst. Depones as to the 
country people conform to James Cochran. 
Depones, That on Blonday the deponer sus- 
pected they were to go to the southland army, 
that he heard some such surmise of that kind. 
Depones, That he heard that Eglinton's man 
was taken, and his lettei's broken up, that as 
soon as the deponer heard that they were going 
to the southland party, he thought it was a 
wrong wuy, and would not go with them, that 
Caldwell his master desired him to stay. 

John Caldwell in Lochend, aged thirty years, 
or thereby, married, sworn, depones, That the 
laird's officer warned him to meet him at Chitter- 
fleet. Depones, That Bedland, the good-man of 
Caldwell, Mr. Gabriel Maxwell, Mr. John 
Carstairs, and divers others, that they were 
betwixt thirty and forty in number, knows 
nothing of the earl of Eglinton's servant, but 
heard of it: as to their marching, depones con- 
fiinuis prmcedenti, and that sometimes Caldwell 
and Mr. Gabriel Maxwell did put them in 
order ; that he saw Blackston go to the rear and 
ride, that he saw the country people and the 
gentlemen were feared, conform to the foresaid 
depositions. Depones, he heard among the 
gentlemen, that they were to go to the southland 
party, whereof he and the rest of the commons 
hearing, they would not go any further; that 
Caldwell commanded his tenants to stay, but 
they would not ; that Mr. Gabriel Maxwell 
threatened in manner foresaid. 

William Caldwell iti Whitehouse, aged 
years, or thereby, not married, sworn, depones, 
That he was warned by the officer, conform as 
is before deponed. Depones, he saw at Chitter- 
tleet the laird of Caldwell, the good-man of 
Caldwell, Kersland, Blackston, Quarrelton, 
and several others. Depones, he saw the earl of 
Eglinton's servant there, and heard his letters 
were broken up, and he kept prisoner; as to 
their marching, depones conformis prcecedenti, 
that once they were ranked in a troop, and that 
Blackston rode in the rear ; he did hear the 
gentlemen spealiing about thsir going to the 
southland army, and that the king's lifeguard 
was betwixt the gentlemen and them. 

Rctbert Ker in Kersland, aged sixty years, or 
thereby, married, sworn, depones, "fhat the 
laird of Kersland his master desired him to go 
to the fields with him ; and that he, suspectingit 
to be to the rebels, answered, It was better to stay 

[book II. 

declares, that he insists against William 
Muir of Caldwell, John Caldwell of Cald- 
well younger, Robert Ker of Kersland, Mr. 
John Cuningham of Bedland, Alexander 

at home and keep the cow and the kail-stock, 
and better to suffer than fight against the king. 

John Stuart in Swinrigmuir, aged thirty-six 
years, or thereby, depones, he was at Chitterfleet, 
that Caldwell, the good-man of C;ildweU young- 
er, Blackston, and Quarrelton, and his brother, 
Kersland, Bedland, Cuningham, Mr. Gabriel 
Maxwell, Mr. John Carstairs, and others were 
there ; that he was there when the earl of Eglin- 
ton's servant was taken, brought in, and the let- 
ters broken up, and that he was kept till night 
as a prisoner; as to their marching and number, 
riding in order, conformis; that Mr. Gabriel 
Maxwell said to Blackston, Go to the rear, and 
he went; that as to the sight of the country 
people, the gentlemen went away; the gentlemen 
said they intended to see the southland party. 
Depones, That Kersland told him he was to 
join with the southland party, and the deponer 
said, he thought it not good ; his master said, the 
deponer might go where they went ; that when 
they were at Kilbride, it was told them that the 
king's army was betwixt them and the southland 
party, and thereupon the gentlemen retired to 
the House of the Muir. John Stuart. 

Robert Craig in the parish of Beith, aged 
forty years or thereby, manned, sworn, depones, 
he was at Chitterfleet, depones he was the 
person that took the earl of Eglinton's servant, 
and that John Stevenson was with liim ; that 
after the boy was taken, Blackston's servant 
came and brought the boy and the deponer to 
the gentlemen, that his master's letters were 
broken open, and he kept prisoner ; that the 
deponent went to Langtoun with the gentlemen, 
that Caldwell, Kersland, Blackston, and Mr. 
Gabriel Maxwell, commanded the deponer to 
take tlie earl of Eglinton's servant ; depones, he 
heard at Knockmade, that the gentlemen were 
to join with the southland party. 

Patrick Houston, servant to the earl of 
Eglinton, aged twenty years or thereby, not 
married, sworn, depones, That he was taken 
near Chitterfleet, and his letters broken open, 
that he saw Caldwell, Blackston, and Bedland, 
that Bedland was melting lead, that he got the 
letters broken open. 

The assize, by plurality of voices, elects James 
Somerwel of Drum its chancellor. The assize, 
all in one voice, by the mouth and judicious 
declaration of the said James Somerwel elder of 
Drum, their chancellor, finds the said colonel 
Jamos Wallace, Joseph Learmont, ^h: James 
Smith, and Mr. John Welsh, guilty, and 
culpable of treasonalde crimes contained in their 
dittays, viz. the said colonel James Wallace, and 
Joseph Learmont, to have been and had accession 
to tiie late rebellion, and had charge and com- 
mand in the rebellious army, and commanding 
in chief therein, and of being with the said 
rebels at Lanark, Collington, at the conflict at 
Pentland, and other places in the rebellion. 
And the said Mr. James Smith and Mr. John 
Welsh, to be guilty of joining with the said 
rebels, and going alongst, and marching with 
their horse and arms from place to place, and 
being at Lanark, Collington, and Pentland, 




Porterfield, Maxwel younger of Monrief, 1 minister at Dundonald, was upon the ,„„„ 

Balmageichan, Montdrogat, Robert Chal- 
mers, Mr. Gabriel Sample, Mr. John Guth- 
rie, Mr. Alexander Peden, Mr, William 
Veitch, Mr. John Crookshanks, and Mr. 
Patrick M' Naught. Their process being 
short, I have insert it below,* and their 
sentence is the same. Mr. Gabriel Maxwel, 

with the rebels. And also the said John M'Clel- 
lan of Barsoob, to be ijuilty of the crime of 
rebellion, specitied in his dittay, and having 
coininaiid in the rebels' army, and going alongst 
with them in arms. And also they all, in one 
voice, find the said Patrick Listen elder, and 
^Villiam Liston younger, guilty of rebellion, 
and joining with the rebels and being in arms 
with them, and going alongst with them. And 
siklike, the said assize, all in one voice, found 
the said William Porterfield of Quarrelton, 
guilty, and culpable of tlie treasonable crimes 
specified in his dittay, in joining and being in 
arms with Caldwell and others in the said 
rebellion, and meeting, convening, and keeping 
committees together to that effect, and of being- 
present at the taking of Patrick Houston, 
servitor to the earl of Eglinton, breaking open 
of his letters, and when he ^vas kept prisoner, 
and marching and drawing up, and going 
alongst in arms with them, in order to their 
joining with the rebellious party in the west, 
and of other circumstances specified in his 
indictment, in respect they found the same 
sufficiently proven. Ja. Somerwel. 

The loth of August. 
I\Iy lord justice-general, my lord justice-clerk, 
and their assizers, by the mouth of Henry Mon- 
teith, dempster of court, decern and adjudge 
the said James Wallace of Auchanes, John 
M'Clellan younger of Barscob, Mr. John 
Welsh, and Mr. James Smith, ministers, Pat- 
rick Liston elder in Calder, William Liston 
his son, and William Porterfield of Quarrelton, 
to be execute to death, and demeaned as traitors 
when they shall be apprehended, at such times 
and places, and in such manner, as my lord 
justice-general, justice-clerk, or justice-deputes, 
shall appoint; as also decern and adjudge the 
forenamed persons, and ilk one of them, of the 
treasonable crimes above-\vritten, to have for- 
feited, amitted, and tint all and sundry their 
lands, tenements, annual rents, offices, tacks, 
dignities, steadings, rooms, possessions, goods, 
and gear whatsomever, pertaining to them or 
either of them, to his majesty's use, whic'h was 
given for doom. Upon all and sundry the 
premises, Sir John Nisbet of Dirleton, knight, 
his majesty's advocate, asked and took instru- 

* Process against Caldwell, §-c. 1667. 
Curia justiciaria S. U. N. regis, tenta in prje- 
torio burgi de Edinburgh, decimo sexto die 
mensis Augusti, 1667, per nobilem et potentem 
comitem Joannem, comitem de Athole, justici- 
arium generalem di(-ti S. D. N. regis, et 
dominum Joannem Hume de Rentoun, mili- 
tem, justiciariae dericum. 

Curia legittime afiirmata. 
Assessors to the justices: — 
Alexander earl of Linlithgow j 
William earl of Dumfries. 

same account forfeited in life and 
fortune, four years after this, December 22d, 
167 1, by the justice-court. What the reason 
of this delay was, I do not well know. His 
process I have before me, but it needs not 
be insert ; for the depositions of James 
Cochran, John Stevenson, John Wilson, 

My lord advocate declares, that he insists now 
against the persons following, viz. William 
Muir of Caldwell, John Caldwell of Caldwell 
younger, Robert Ker of Kersland younger, 
Mr. John Cunningham of Bedland, Alexander 
Porterfield brother to Quarrelton, Max- 
well younger of Murrietf, Robert INI'CIellan of 
Balmageichan, Robert Cannon of INlondrogate 
younger, Robert Chalmers brother to Gath- 
girth, Mr. Gabriel Semple, Mr. John Guthrie, 
Mr. Alexander Peden, Mr. William Veitch, 
Mr. John Crookshanks, Patrick M'Naught in 
Cumnock, indicted and accused at the instance 
of my lord advocate, for the crimes contained in 
their indictments, viz. of treason mentioned 
therein. The justices find the dittay relevant, 
and ordain the same to be put to the knowledge 
of an assize. 


William Rigg of Carberry 

Sir Robert Dalziel, 

Walter Kennoway, secretary to the general, 

John Ruthven, tutor of Garden, 

William Melville of Dysart, 

Colonel James Hay, 

Sir John I'alconer, 

James Lockhart of Cleghorn, 

James Hepburn of Bearford, 

James W^eems of Pitcanny, 

George Elphinston of Selmes, 

IMajor George Grant, 

James Johnston of Sheens, 

Sir W'illiam Bellenden, 

James Somerwel elder of Drum. 
The assize sworn, no objection in the contrary. 
John Reid in Dandilly, aged thirty years or 
thereby, married, sworn, depones. That Maxwell 
of Murrieff, Balmageichan, Mondrogate, Chal- 
mers brother to Gathgirth, Mr. Gabriel Semple, 
l\Ir. John Guthrie, INIr. Alexander Peden, 
]\Ir. W^illiam Veitch, Mr. John Crookshanks, 
and Patrick M'Naught in Cumnock, were with 
the rebels at JNIauchline in arms, with swords 
and horse, and some of them had pistols ; and 
that they were at Pentland, except Peden ; that 
the reason of the deponer his knowledge is, 
that INloudrogate and Mr. Alexander Peden 
took him prisoner, and carried him alongst to 
Pentland. John Reid. 

William Muir, tenant to Sir Thomas Wallace, 
aged thirty years or thereby, not married, sworn, 
depones, That he saw the said INlaxwell of Mur- 
rieff, and others, with the rebels in arms, 
except Mr. John Crookshanks and Patrick 
^I'Naught, whom he did not see, but heard 
they were there : that he saw them at Bathgate, 
Lanark, and CoUington, but he was not at 
Pentland, and so knows nothing of that. 

William Muir. 
John IVIirrie in Smithston, aged thirty years 
or thereby, married, sworn, depones. That he 
saw the whole persons contained iu John Reid's 



,„„-, John Anderson, John Caldwell, 
and William Caldwell, in process,* 
are just adhered to before the assize, who 
bring him in guilty; and the judges pronounce 
the ordinary sentence. The rest, in the 
advocate's commission above, are delayed 
till November, when I do not find they are 
insisted against, the indemnity and bond 
of peace being before that time upon the 

deposition, with the rebels in arms, saw them 
marching alongst with that army at several 
places. John Mirrie. 

Daniel Mitchell in Craigadam, fortj' years or 
thereby, sworn, depones. That he sawMurrieff, 
Mondrogate, Chalmers, Crookshanks, and 
M'Naught, with the rebels at Lanark, Colling- 
ton, and other places, in arms, with swords, 
horse, and pistols, and saw them marching 
alongst toward Pentland. 

James Cochran in Knockmade, sworn, de- 
pones, adheres to his former deposition given 
yesterday, in omnibus, and declares expressly 
that the laird of Caldwell, good-man of Cald- 
well yoiuiger, the laird of Kersland younger, 
the laird of Bedland, and Alexander Porterfield 
brother to Quarrelton, were at tiie meeting at 
Chitter fleet, and all alongst, as it is contained in 
the foresaid deposition. 

John Stevenson in Ramshead, sworn, depones, 
adheres to his former deposition taken yesterday, 
and the whole persons above- written were all at 
Chitterfleet, and all alongst, as is contained in 
his former deposition. 

.Tohn Wilson in Ramshead, sworn, depones, 
adheres to his former deposition ; and further 
depones. That the laird of Caldwell, tlie good- 
man of Caldwell younger, the laird of Kersland, 
and Bedland, were at Chitterfleet, and other 
places ; hut as to Alexander Porterfield, depones 
he knew him not. 

John Anderson, sworn, depones, adheres to 
his former deposition ; and further depones, 
that the laird of Caldwell, the good-man of 
Caldwell younger, Kersland yoiinger, Bedland, 
and Alexander Porterfield, were at Chitterfleet, 
and all alongst with that party. 

John Caldwell, sworn, depones, adheres to his 
former deposition ; and further depones. That 
the laird of Caldwell, the good-man of Caldwell 
younger, Kersland, and Bedland, were at Chit- 
terfleet and other places, and that he heard 
Alexander Porterfield called by his nanje, and 
that he knew him to be so. 

William Caldwell, sworn, depones, adheres to 
his former deposition ; and further depones, 
That the laird of Caldwell, the good-man of 
Caldwell younger, Kersland, Bedland, and 
Alexander Porterfield, were at Chitterfleet and 
other places (contained in the said deposition) in 

Robert Ker in Kersland, sworn, depones, 
adheres to his former deposition taken yesterday. 

John Stuart, sworn, depones, adheres to his 
former deposition ; and further declares. That 
the laird of Caldwell, the good-man of Caldwell 

• See Note, p. 73. 

[BOOK If. 

Perhaps it was not so convenient, that 
general Dalziel, and lieutenant-general 
Drummond, should come immediately to 
possess the estates of Caldwell and Kersland, 
though I am informed they wei-e now 
secured to them: and therefore at present 
the rents of these two, and other forfeited 
persons in Renfrewshire and the neighbour- 
hood, are put into the hands of James 
Dunlop of Househill, and he is countable 

younger, Kersland younger, Bedland and 
Alexander Porterfield, were at Chitterfleet, and 
other jdaces (mentioned in his deposition), in 
arms, depones he heard them say, they minded 
to go to the southland party. 

Robert Craig, sworn, depones, adheres to his 
former deposition ; and finther depones. That he 
saw the laird of ('aldwell, Kersland younger, at 
Chitterfleet, and other places, and the rest he 
knew them not, but heard they were there. 

Patrick Houston, sworn, depones, adheres to 
his former deposition in omnibus. 

The assizi?, by plurality of votes, elects James 
Somerwel elder of Drum, in chancellor. The 
assize, all in one voice, finds the said Max- 
well of Murriefl^, Robert M'Clellan of Bal- 
mageichan, Robert Cannon of Mondrogate 
younger, Robert Chalmers brother to Gath- 
girth, Mr, Gabriel Semple, Mr. John Guthrie, 
Mr. Alexander Peden, Mr. William Vcitch, 
Mr. John Crookshanks, and Patrick M'Naught, 
guilty, and culpable of treasonable crimes 
specified in their dittay, of being in, and upon 
the said rebellion, and joining with the said 
rebels, and going alongst with them, and march- 
ing with them with their horse and ai-ms, from 
place to place with the said rebels ; as also the 
said assize, all unanimously in one vote, finds 
the said William Muir of Caldwell, John 
Ciddwell younger, Robert Ker of Kersland, 
Mr. John Cunningham of Bedland, and Alex- 
ander Porterfield brother to the laird of Quar- 
relton, guilty, and culpable of treasonable crimes 
specified in their indictments, in joining and 
being in arms together in the said rebellion, 
and meeting and keeping company together for 
that effect ; and of being present at the taking 
of Patrick Houston, servant to the earl of 
Eglinton, breaking up of his letters, and when 
he was kept prisoner, in marching, drawing up, 
and going alongst with arms in order, of joining 
together with the rebellious party in the west, 
and of other circumstances specified in their 
indictment, in respect they find the same 
sufiiciently proven. Ja. Somerwel. 

My lord justice-general, justice-clerk, and 
their assessor's, therefore, by the mouth of Henry 
Monteith, dempster of court, decern and adjudge 
the said William Muir of Caldwell, John 
Caldwell of Caldwell younger, Robert Ker of 
Kersland younger, Mr. John Cunningham of 
Bedland, Alexander Porterfield, brother to the 

laird of Quarrelton, Maxwell of Murrietf, 

Robert M'Clellan of Balmageichan, Robert 
Cannon of Mondrogate, Robert Chalmers 
brother to the laird of Gathgirth, i\Ir. Gabriel 
Semple, Mr. John Guthrie, Mr. Alexander 
Peden, Mr. William Veitch, Mr. John Crook- 
shanks, and Patrick M'Naught, to be executed 

to the treasury for then), as appears by his 
commission, October 12th, this year, which 
I have insert below.* Some time after, 

to <leath, and demeaned as traitors, when they 
shall be apprehended, at such times and places, 
and in such manner as my lord justice-general, 
Justice-clerk, or justice-depute, shall appoint ; 
'jiiid also decern and adjudge the forenamed 
pei-sons, and ilk one of thmn, for the crimes 
;il)ove-written, to have forfeited, amitted, and 
tint all and sundry their lands, tenements, 
annual rents, offices, titles, tacks, dignities, 
steadings, rooms, possessions, goods, and gear 
whatsomever, pertaining to them or either of 
them, to his majesty's use; which was pro- 
nounced for doom ; whereupon Sir John Nisbet 
of Dirleton, knight, his majesty's advocate, 
asked and took instruments. 

* Commissio}i to the laird of Househill, October 
12th, J667. 
^\'e, John, eaid of Rothes, and lord high 
chancellor of Scotland, John, earl of Tweed- 
dale, William lord Bellenden, his majesty's trea- 
surer-depute, William lord Cochran, and Sir 
Robert Murray, commissioners of his majesty's 
treasury of the kingdom of Scotland : forasmuch 
as there are divers persons within this kingdom 
forfeited for their late rebellion, and their whole 
estates, heritable and moveable, by virtue 
thereof, fallen and become in his mfijesty's 
liands ; and having thought fit that some speedy 
course be taken for intromitting with the rents 
and duties of the said estates, and inventory of 
the haill goods and gear moveable belonging to 
them ; and, in order thereunto, necessary it is 
that some confident person be employed and 
commissionated for uplifting the rents and duties 
of their lands, and taking inventory of their 
inoveable goods and gear, which pertained to 
them the time of the late rebellion ; and being 
fully assured of the faithfulness and diligence of 
James Dunlop of Househill, and of his fitness for 
uplifting of the same, and of that charge and 
trust : wherefore to have given and granted, 
likeas we, by thir presents, give and grant full 
power and commission to the said James Dunlop, 
his factors, servants, and others in his name, for 
•»vhom he will be answerable, to collect, uplift, 
intromit with, and receive all and haill the rents, 
mails, farms, kains, and duties, of the lands, 
baronies, and others lying in the sheriffdom of 
Renfrew and Ayr, of the crop and year of one 
thousand six hundred threescore and seven, 
and siklike of all years and terms bygone, resting 
unpaid, and yearly and timely in time coming, 
■which pertained of hefore to the persons under- 
written, viz. William Muir of Caldwell, Robert 
Ker younger of Kersland, Mr. John Cunning- 
ham of Bedland, William Porterfield of Quar- 
relton, Alexander Porterfield his brother, major 
Joseph Learmont of Newholm, within the 
sheriffdom foresaid, for his majesty's use ; with 
power also to him to take exact inventory of 
their haill moveable goods and gear, and to 
secure the same until further order for that 
effect : and upon the receipt of the said rents and 
duties, or a part and portion thereof, acquittances 
and discharges, in his own name, to give, 
subscribe, and deliver, which shall be sufficient 
to the receivers: arrest, poind, and distrenzie, 
therefore, as accords of the law; and generally 



Caldwell's estate is gifted by the ,„_,. 

king to Dalziel. I have inserted a 

copy of the gift as a note ; f Kersland's is 

all and sundry other things neecssar and requi- 
site to do in the premises, use and exerce, 
siklike, and as freely in all respects, as we might 
do therein ourselves, if we were personally 
present ; and also to call, follow, charge person- 
ally, herefore, promising to hold firm, stable, &c. 
providing always that the said James Uunlop 
make count and reckoning, and payment to us, 
or any having our order, of all such sums of 
money as he or his foresaids shall receive, by 
virtue of his present commission, which is 
hereby declared to endui'e, until he be discharged 
by us in writ (registration). We have sub- 
scribed thir presents with our hands, at Edin- 
burgh, the 12th day of October, 1667, before 
thir witnesses, Mr. Andrew Oswald and 
Thomas Moncrief, clerks of exchequer. 

Rothes, Bellenden, 


A. Oswald, witness. 
Thomas Moncrief, witness. 

f Gift of CaldwelVs estate to Dalziel, Julif 1 ith, 
Charles R. 
Our sovereign lord considering the good and 
faithful service doi\e to his majesty, and his 
majesty's most royal father, of ever-blessed 
memory, by his majesty's right trusty and well 
beloved general, Thomas Dalziel of Binns, lieu- 
tenant-general of his majesty's late forces within 
his majesty's ancient kingdom of Scotland, at 
several occasions, but chiefly in the riiontli of 
November, 1666, bypast, by suppressing the 
battle of a considerable number of nis majesty's 
disloyal subjects of the foresaid kingdom, who, 
with their associates, most unnaturally rose in 
arms against his majesty's authority and laws, 
intending to have overturned the same, and 
wronged his majesty's good and loyal subjects ; 
besides divers other good services done to his 
majesty by the said general Thomas Dalziel, by 
his skilful conduct of the foresaid forces, to the 
terror of the native traitors, and of his majesty's 
foreign enemies, who endeavoured to have dis- 
turbed and invaded the foresaid kingdom of 
Scotland ; <is also his majesty being sensible of 
the good service likewise done to his majesty, in 
his kingdom of Scotland, by the said general 
Thomas Dalziel ; and also understanding that 
the said general Thomas Dalziel has sustained 
great losses, and undergone very much hardship 
and sufferings, by long imprisonment, banish- 
ment, and Otherwise, for his constant loyalty to 
his majesty ; and his majesty being most willing, 
for his further encouragement to persist in his 
loyal actings, to confer some signal favours upon 
him : therefore his majesty, for himself, and as 
1 prince and steward of Scotland, with advice 
: and consent of his majesty's right trusty cousins 
I and counsellors, &c. John earl of Rothes, &c. 
high chancellor of the said kingdom of Scotland, 
John earl of Lauderdale sole secretary of state 
I of the same kingdom, John earl of Tweedale, 
I William lord Bellenden his majesty's trea- 
j surer-depute, William earl of Dundonald, and 
his majesty's trusty counsellor. Sir Robert 
I Murray late justice-clerk, his m.ijesty's com- 
missioner for the treasury, comptroUery, and 


irfi7 S'^'^" t° Drummond ; Major Ler- 
mont's estate is given to Mr. Wil- 
liam Hamilton of Wishaw ; Quarrelton and 

his brother's to Mr. 

tre.isury of bis majesty's new augmentations ; 
and also \vitli advice anil consent otthe remanent 
lords and other commissioners of exchequer, 
ordains a charter to be past under his majesty's 
great seal of the foresaid kingdom of Scotland, 
in due form, giving, granting, and disponing to 
the said general Thomas Dalziel, his heirs and 
assignees whatsomever, heritably and irrevocably, 
all and sundry the lands and ot.hera under-writ- 
ten, to wit, all and haill the tive-pound land of 
Knockward, and the live-merk land of Douni- 
flat, with the towers, fortilaces, manor-places, 
houses, biggings, yards, orchards, tofts, crofts, 
mills, woods, fishings, commonties, pasturages, 
coals, coal-heughs, mosses, muirs, meadows, 
tenants, tenandries, service of free tenants, an- 
nexes, connexes, dependances, parts, pendicles, 
and pertinents thereof whatsomever,lying within 
the bailiary of Cunningham, and sheriffdom of 
Ayr; all and sundry the ticnd-sheaves, or par- 
sonage-tiends of the same lauds of Knockward, 
•with the pertinents ; all and haill the five-pound 
land of KnoL'kmade, and five-merk land of 
Easter Cald wells, with the towers, fortilaces, 
manor-places, houses, biggiiigs, yards, orchards, 
tofts, crofts, mills, woods, fishings, mosses, muirs, 
meadows, commonties, pasturages, coals, coal- 
heughs, tenants, tenandries, service of free 
tenants, annexes, connexes, dependances, parts, 
pendicles, and pertinents thereof whatsomever, 
lying within the sheriffdom of Renfrew: all 
and haill the ten-mark land of Kittockside, with 
the tower, fortilace, manor-place, houses, big- 
gings, yards, orchards, tofts, crofts, mills, woods, 
fishings, mosses, muirs, meadows, commonties, 
pasturages, coals, coal-heughs, tenants, tenan- 
dries, service of free tenants, annexes, connexes, 
dependances, parts, pendicles, and pertinents of 
the same whatsomever, lying within the sheriff- 
dom of Lanark : and also all and sundry the 
tiend-sheaves, or parsonage-tiends of the same 
lands of Kittockside, and five-merk land of 
Easter Caldwells, above rehearsed, with the 
pertinents ; all and haill the lands of Kippelrig, 
called of old a 'temple land,' with the privilege of 
the common muir of Renfrew, for pasturage 
thereof, with houses, biggings, yards, tofts, crofts, 
parts, pendicles, and pertinents thereof whatsom- 
ever,lying within the parish of Mearns, and sher- 
iffdom of Renfrew: all and haill the tiend-sheaves 
or parsonage-tiends of the foresaid lands of 
Kippelrig, with the pertinents. Which lands, 
tiends and others above- written, pertained heri- 
tably of before to William JNluir late of Cald- 
w^ell, at least to some of his pi-edecessors, to 
whom he is apparent heir of the same lands, 
and others above rehearsed, holden by him or 
th»m, or some one or more of them, immediately 
of his majesty, for himself, and as prince and 
steward of Scotland ; and are now fallen and 
become in his majesty's hands, and at his majes- 
ty's gift and disposition, for himself, and as 
prince and steward of Scotland, by reason of 
forfeiture, by the privilege of his majesty's crown, 
laws and practique of the foresaid kingdom of 
Scotland, tlirough the said William JNIuir his 
joining in arms with the disloyal and seditious 
persons in the west, who of late appeared in 
arms in a desperate and avowed rebellion against 


John Hamilton of 
Hallcraig* The copies of the gifts are 
before me, but being all the same, mutatis 

his majesty, his government, and laws, of inten- 
tion to have overturned the same, if they had 
not been defeat in battle, as said is. And though 
all clemency was offered to the said William 
Muir, yet he has refused the same ; for which 
wild act above rehearsed, of rising in arms, as 
said is, he is declared traitor to his majesty, and 
all his lands, goods and gear forfeited, as in the 
sentence and doom of forfeiture, given and pro- 
nounced against him by his majesty's justice- 
general of the said kingdom of Scotland, his 
majesty's justice-clerk thereof, and the assessors 
appointed to them by his majesty's privy council 
of the same kingdom, upon the — day of August, 
one thousand six iuindred sixty and seven years, 
bypast, at more length is contained. And far- 
ther, to the effect the foresaid donature and 
grant may be the more valid and effectual, his 
majesty, for himself, and as prince and steward 
nf Scotland, with advice and consent above speci- 
fied, has dissolved, and by the tenor of the said 
charter, for his majesty and his successors, kings, 
princes, and stewards of Scotland, dissolves the 
whole lands, tiends and others above-written, 
from his majesty's crown and patrimony thereof, 
and of his successors, princes and stewards of 
Scotland, to be peaceably bruiked, joysed, set, 
used, and disposed upon by the said general 
Thomas Dalziel, and his above specified, herit- 
ably and irrevocably in all time coming. And 
in testimony thereof, his majesty, for himself, 
and as prince and steward of Scotland, with 
advice and consent foresaid, of his majesty's 
certain knowledge, proper motive, authority 
royal, and kingly power, has made, erected, 
created, united, annexed, and incorporated, and 
by the tenor of the foresaid charter, for his 
majesty and his successors, kings, princes and 
stewards of Scotland, makes, erects, creates, 
unites,annexes, and incorporates the whole lands, 
tiends and others respective above mentioned, in 
an haill and free barony, to be called now and in 
all time coming the barony of ordaining 

the foresaid tower, fortilace, and manor-place 
of to be the principal messuage of the 

same barony ; and wills and grants, and for 
his majesty and his successors, kings, princes, 
and stewards of Scotland, decerns, and ordains, 
that a sasiiie, now to be taken by the said general 
Thomas Dalziel, and by his heirs and successors 
above rehearsed, in all time coming, at the 
foresaid tower, fortilace, and manor-place of 
or at any other part or place of any 

* Mr, Wodrow, in additions and emendations 
printed in the 2d vol. of his History, has the 
following notice:— " When I was giving some 
account of the disposal of the forfeited estates 
after Pentland, in common coiu'se with the 
rest, I noticed that the laird of Wishaw and 
Hallcraig had major Learmond's and Quarrel- 
ton's given them ; "it would be remembered that 
these two gentlemen had the gifts of these 
estates, not as general Ualziel and others men- 
tioned, but through interest made for the 
gentlemen forfeited, and for their behoof, as I 
am informed since," — £d. 

cif':\r. II.] 
// ... 

rmifandis, it is needless to swell the notes 

/with them. I find the king is prevailed 

■' with to pardon Robert Chalmers, condemned 

r at this time, in the year 1669, and I set 

of the lands above-mentioned, sliall stand and 
be H sufficient tsasine lor the same haill lands, 
tiends, and others above relieursed, now united 
in the foresaid barony, as said is ; but any other 
special or particular sasine, to be talien by him 
or them at any other part or place thereof, not- 
withstanding the same lie not contiguous and 
together, but in divers jurisdictions : anent the 
whidi sasines, and all that shall follow there- 
upon, his majesty, for himself, and as ])rince 
and steward of Scotland, with consent above 
rehearsed, has dispensed, and by the tenor of 
the said charter, for his majesty and his succes- 
sors, kings, princes, and stewards of Scotland, 
dispenses for ever : to be holden, and to be held 
all and sundry the lands, tiends, and others 
respective above-mentioned, all erected in the 
foresaid barony, and lying as said is, to the said 
general Thomas Dalziel and his above-written, 
of his majesty and his successors, princes, and 
stewards of Scotland, immediate lawful supe- 
riors thereof for the time, in fee, heritage, and 
free barony forever, by all the rights, niiethes, 
and marches thereof, old and divided, as the same 
lies in length and breadth, in houses, biggings, 
&c. mills, multures, &c. hawking, hunting, fish- 
ing, &c. with court, plaint, herezeld, &c. and with 
furk, fok, sock, sack, thole, thame, vert, wraik, 
waith, ware, venison, outfang-thief, infang-thief, 
pit and gallows, &c. and all and sundry other 
commodities, &c. freely and quietly, but any 
revocation, &c. giving yearly the said general 
Thomas Dal/iel and his above-written, to his 
majesty and his successors, princes and stewards 
of Scotland, for the haill lands and others above 
rehearsed, except the tiends, rights, services, and 
duties of the same lands, and others above-men- 
tioned, erected in the foresaid barony, as said is, 
ought and wont therefore, before the forfeiture 
above specified allenarly; and for the tiends 
above specified, the blench-diities, or other duties 
addebted for the same by the said William Muir, 
before his foresaid forfeiture allenarly. Likeas, 
his majesty, with advice and coi\sent foresaid, 
faithfully promits, in verho pi-incipis, to cause 
ratify and approve the foresaid charter, with the 
precept and instrument of sasine to follow there- 
upon, and dissolution above exprest, in his 
majesty's next parliament, to be holden within 
the said kingdom of Scotland, and that with 
consent of the estates thereof; and that the 
foresaid charter shall be a sufficient warrant 
for that effect : as also his majesty, with advice 
and consent foresaid, ordains that precepts be 
directed orderly hereupon, in form as effeirs. 
Given at the court at Whitehall, the eleventh 
day of July 1670, and of his majesty's I'eign, the 
twenty-second year. 


Rothes, Clianc. 




Jo. NiSBET, 

Jo. Hume, 
Ch. Maitland. 


down below* a copy of his pardon, , „ „ 
that the reader may have all the 
view I can give him of this affiiir, all 

* Remission to Robert Chalmers, Jane 21st, 
Charles R. 

Our sovereign lord, out of his special grace 
and favour, vi-ith advice and consent of his 
majesty's right trusty and well beloved cousins 
and counsellors, John earl of llothes, &c. lord 
high chancellor of the kingdom of Scotland, 
John earl of Lauderdale sole secretary of state, 
Alexander earl of Kincardin, William lord 
Cochran, William lord Bellenden his majesty's 
treasurer-depute, and of his majesty's trusty 
counsellor, Sir Robert Murray late justice-clerk, 
commissioners of his majesty's treasury, comp- 
trollery, and treasury of new augmentations 
within the said kingdom, and also of the rema- 
nent lords commissioners of his majesty's trea^ 
sury and exchequer of the said kingdom, ordains 
a letter to be past and expede under his majesty's 
great seal of the same kingdom, in due form, 
remitting, pardoning, and forgiving : likeas, his 
majesty, with advice and consent foresaid, by 
the tenor hereof, remits, pardons, and for ever 
freely forgives to Robert Chalmers brother 
german to John Chalmers of Gathgirth, that 
heinous crime committed by him in joining 
himself to, and remaining with those who arose 
in the late rebellion, in anno 1666, and of all 
pains and punishments that may be inflicted 
upon liim in his person or goods therefore, and 
all decreets and sentences of forfeiture (if any 
be) pronounced against him for the same, with 
all action and pursuit, civil and criminal, that 
may be any ways moved or intended against 
him thereanent : ordaining hereby the foresaid 
crime never to be remembered against the said 
Robert Chalmers, but remain in oblivion for 
ever, siklike as if the same had never been 
comm.itted by him ; and that the said letter be 
further extended in the best form, with all 
clauses needful, and that precepts be orderly 
directed hereupon in form as efi'eirs. Given at 
the court at Whitehall, the 21st day of June, 
16G9, and of his majesty's reign the 21st year. 

Jo. Gn.MOUK, 

Jo. NiSBET, 

Jo. Hume, 
Ch. IVIaitland, 
Jo. VVauchop. 

Compositio 6. lib. 13. 8. 
Registrate 26th September, 1670. 

Rothes, Chancel 
Registrate 10th July, 1669. 

May it please your majesty, 

These contain your majesty's gracious remis- 
sion, in favours of Robert Chalmers brother 
german to John Chalmers of Gathgirth, for the 
I'ebellious crime committed by him, through his 
joining in arms with these who were in the 
late rebellion, in anno 1666, and of all action, 
civil and criminal, that may be moved against 
him for the same. 


Compositio 6 lib. 13s. 4d. 



Here I would put an end to tlii.s 
section ; but the sufferings of several 
other gentlemen and heritors, upon the 
account of this rising at Pentland, offer 
themselves to me. Most of them were 
forfeited, but I have not the dates, and so I 
siiall cast them together in this place, with 
some hints at the sore oppression of their 
families in the succeeding years. The 
sufferings of the family of Roberton, in the 
parish of Borgue, in Galloway, deserve a 
room here ; and I give a hint at them from 
an attested account now before me. John 
Gordon of Largmore, with his brother-in- 
law, William Gordon of Roberton, joined 
with other gentlemen in the attempt at 
Pentland, where the said William Gordon 
was killed, to the great loss of the country 
where he lived, and his own family, his aged 
father having no more sons. John Gordon 
was very sore wounded, and lost much 
blood ; through this, and his lying in the 
fields some nights after the engagement, 
when he came home to his own house, in 
a few days he died, and escaped the fury of 
the persecutors, who were resolved to carry 
him to Edinburgh in a litter. Great was 
the trouble IMary Gordon of Roberton was 
put to, after her husband and brother's 
death, mostly from the instigation of the 
curate of the place. After Bothwell-bridge 
she was very hardly dealt with, by frequent 
quarterings of soldiers, imposing of fines for 
her nonconformity. At one time the soldiers 
took two good horses from her; at another 
time a party of dragoons carried off almost 
all in the house. They emptied the feather 
beds, and packed up the rest of the house- 
hold stuff in them, and carried it off. She 
had almost nothing valuable left her. In 
a short time they came again, and carried 
lier, and her only son, John Gordon, a boj', 
to prison, and two of her servants, who 
were both banished to America. She and 
her son, for mere nonconformity, continued 
some time there, to their considerable loss 
in person and purse. In the (year) 1685, a 
company of Highlanders quartered some 
days in Roberton, destroying every thing. 
Her tenants were sadly oppressed for the 
sake of this good family. One of them, 
John Sprat, was plundered, and fined in 


twenty pounds for speaking to his own son, 
who had been at Bothwell. Horses and 
cows were taken from others of them : but 
particulars would be endless. 

I shall next consider the sufferings of the 
family of Sundaywell, in the parish of 
Dunscore. We have already heard how 
this gentleman, James Kirko, was taken at 
Edinburgh in the year 16G0, with INIr. James 
Guthrie, and others, and put in prison, 
where he was kejit near four months. He 
could not escape Middleton's fines, and 
paid of fine, with riding-money, six hundred 
pounds ; at another time, for nonconformity, 
he was fined in two hundred pounds. In 
the year 1666, Sir James Turner exacted 
from him five hundred merks of church 
fines, and he paid two hundred pounds for 
the soldiers quartered on him. In October, 
by the severities of the soldiers, and their 
continual spoiling of his house, he was 
obliged to dismiss his family, and betake 
himself to a wandering lot. This gave 
occasion to the persecutors to believe he 
was at Pentland ; but that could never be 
evinced. However, by the severities after, 
he was forced to leave the kingdom for three 
years ; and then, to his dying day, he was 
vexed by the lord Lyon, with a process of 
forfeiture, in which he was forced to expend 
a great deal of money : before it ended, he 
got out of all his troubles, by a comfortable 
death in the Lord. 

James M'Clellan, who succeeded him in 
what remained of the estate of Sundaywell, 
had no small share of the hardships of these 
times. Upon a mere allegance he had been 
at Pentland, when not yet sixteen years of 
age, he was forced to flee to the mountains, 
where he, with some others, lurked from 
November last, till February 15th this year, 
when Mr. M'Clellan ventured nearer home 
to get some clothes and other necessaries, 
with a design to leave the kingdom. That 
day he was apprehended by a party of Sir 
William Bannantyne's men, and brought to 
their garrison at Earlstoun, and there put 
into a vault with some other prisoners. Sir 
William most cruelly tortured him with 
fiery matches betwixt his fingers, and would 
force him to tell matters he knew nothing 
about. After some time, he was carried 


prisoner to Glasgow, and from thence to 
Linlithgow, where general Dalziel, for a 
fortnight, would not so much as allow the 
prisoners a little straw to lie upon; from 
thence to Leith, where he was in great 
straits for meat; and at length he was 
brought up to the Canongate tolbooth, 
where the prisoners had much kindness 
from the good people in Edinburgh. 
There he continued till the middle of Sep- 
tember, when he was examined by the 
council; and upon his refusing the decla- 
ration, with fifteen others, was banished to 
the plantations, but happily broke prison, 
and escaped. When he came to the south 
again, about five years after this, and was 
married by Mr. Robert Archbald, minister 
of the parish, at the instigation of the 
curates, he was cited before the council for 
clandestine marriage ; where, after much 
trouble and charges, he got off. Within a 
little, the parish of Dunscore was fined, 
for alleged robbery committed on the minis- 
ter, in five thousand merks, though, by the 
curate's own acknowledgment, the whole 
parish was innocent. His share came to 
six hundred pounds. In the year 1678, for 
refusing the bond when pressed, he was 
forced to leave his family for six weeks, and 
hide. In the month of April that year, an 
order came for Nithsdale militia to go into 
Lanarkshire, and oppress honest people 
there. James refusing to go, or send any 
in his room, was fined in eighty pounds. 
Upon the 9ch of May, 1679, he was taken 
out of his house by fifteen dragoons, without 
any reason given, and carried to the prison 
of Dumfries, and from thence to Edinburgh, 
where he continued till the middle of July. 
For clerks and jailors' fees here, he was two 
hundred and eight pounds. He met with 
much trouble in the (year) 1672 for gather- 
ing some money for the necessity of some 
prisoners, and was indicted before the 
justiciar}', and escaped with much charges. 
At the circuit held at Dumfries by the lord 
Castlehill, Forret, and others, he was 
indicted for reset and converse, because two 
ministers had lodged in his house one 
night, and was imprisoned, and forced to 
take the test the 2d of August thereafter ; 
which, in his signed account, from which 



this is taken, he says, was the 
saddest day ever he saw, and desires 
to mourn for this fall all his days. Indeed, 
he gave sufiicient evidence of the sincerity 
of his repentance. At the next circuit, 
1681, he appeared with the rest of the 
heritors, apprehending no more hazard : but 
when all were again made to renew that 
oath, which, he says, had been to him as a 
fire in his bosom, he retired, and fled home ; 
but was soon apprehended, and with diffi- 
culty got oiF, with giving a bond of five 
thousand merks, to appear when called. 
After this, by Stonehouse he was forced, 
with his wife and infants, to quit his house 
in the middle of winter, and wandered in 
mosses and mountains, without any settled 
abode, until the liberty. By Barscob's 
forfeiture he lost his whole patrimony, and 
the donator would never give him a farthing. 
In the (year) 1685, his house was plundered 
by the garrison of Dalswinton. But I must 
leave this good man, from whose attested 
account of his sufferings we may guess at 
the seventies many others were tr3'sted with. 
James Callane, merchant in Dumfries, was 
forfeited some time after Pentland, but his 
being there was never proven ; he was 
indeed present, being dwelling in the town, 
at the taking of Sir James Turner ; but no 
other guilt was ever made out against him, 
but mere nonconformity. In the years 
1662 and 1663, for refusing to hear the 
curates, he paid for a year's space, forty 
pence every Monday for himself and wife. 
He underwent much trouble, and several 
imprisonments, for his parliament-fine five 
hundred merks, and paid the half of it, and 
fifteen pounds sterling riding-money, and 
more by far than the other half in expenses, 
and clerks' fees, to get his discharge. Sir 
James Turner, before Pentland, exacted 
considerable sums of money from him. 
When he was declared rebel, most unjustlj', 
after Pentland, he left the kingdom,, and was 
seven years in the East Indies. At his 
return, he was taken by Claverhouse, and 
imprisoned at Dumfries fourteen months, 
and at Edinburgh a year and a half; after 
which he was banished to Carolina, where 
he died. When the accounts of this came 
home, his wife and daughters at Dumfries 



lfifi7 ^^'^^'6 attacked for nonconformity, 1 
and spoiled of any thing they had, 
and forced to wander up and down in the 
hills and mountains, for three years and a 

Robert Lennox of Plumptoun was re- 
duced to great losses and straits before the 
revolution, as appears by a petition under 
his hand, now in mine eye. After Pentland, 
though I cannot find he was there, his 
estate, worth two thousand merks yearly, 
with a good house upon it, was taken from 
him, and he forced to flee to England, where 
he was for three years in a wandering 
condition. At length, with his wife and 
children, he went over to Ireland, and 
settled at Glenevie, where, the Lord bless- 
ing his labours in merchandizing, he came to 
have a good stock, and was very useful to 
get a presbyterian minister settled there, 
where none had ever been. For this he 
was persecuted by the bishop and his ofhcial, 
and excommunicated, and upwards of four 
hundred and thirty pounds sterling taken 
from him, whereby he was reduced to 
beggary almost. Some relief was got to 
him by my lord Granade, and some others, 
and he ventured over to Scotland, and 
raised a process against the donator of his 
estate, a papist. When he produced his 
charter of his lands, it was taken from him, 
and he cast in prison, where, through bad 
treatment, he was brought very near death, 
and got out ; and afterwards lived upon 
charity till the revolution. All this he 
narrates in his petition, which is all I know 
about him. 

I find another person, Thomas Lennox of 
Plumptoun, in an attested account of the 
sufferings of the parish of Borgue, a very 
considerable sufferer. I cannot learn 
whether he be any relation of the former, 
but the particular hardships he was under, 
before and since Pentland, are in short; 
Sir James Turner extorted from him two 
hundred and thirteen pounds ; and, being 
imprisoned a gi-eat part of two years, his 
fees to jailors, &c. cost him two hundred 
pounds: extorted by Sir William Bannan- 
tyne, two hundred sixty-six pounds, thir- 
teen shillings, four pennies, besides loss of 
his whole crop, and most of his household- 


plenishing : all this for mere nonconformity, 
and without any process against him. At 
one time he was imprisoned at Edinburgh 
three and thirty weeks, and at another three 
months, precisely for refusing the test. Thus 
we have some account of the severities and 
forfeitures immediately after the defeat at 
Pentland. The sufferings of several other 
excellent persons upon this score, will come 
in in the progress of this history. It is 
time now to come forward to the account of 
other occurrences this year, and to the 
stopping the severities in part by the dis- 
banding the army, bond of peace, and 

Of the state of tliinrrs during the rest of this 
year, the disbanding the army, bond of 
peace, and indemnify. 

It remains now that I lead the reader 
in a little to the reasons and method of 
putting some stop to such heavy persecu- 
tion. The bishops and their party, who 
had been the occasion of the raising the 
oppressing army, use all their interest to 
continue and keep it up ; and here joined 
them, not only the officers and their friends, 
but also several others, hoping to share of 
the spoil of presbyterians in the west and 
south. Accordingly they endeavour to per- 
suade the king, that all the Whigs and 
presbyterians are enemies to monarchy, as 
well as to the church established by law, 
and therefore must be extirpated. The 
execution of this, they hope, will be put 
into the hands of their friends ; and all of 
them expected they might come to reap the 
harvest of money and estates, they had been 
greedily looking for since the restoration. 

From the letter to the king immediatelj' 
after the victory at Pentland, the reader 
will have observed their desire of " a more 
vigorous application of the king's power for 
rooting out rebellious principles now leaven- 
ing the nation." The plain Scots of this, as 
explained by private letters sent up at the 
same time, was a desire, that the council 
might have power put in their hands to 
press the declaration upon all presbyterians 


of estates and riches ; and in case of refusal, 
which they made no doubt of, straight to 
forfeit them. It was likewise pressed that 
the army might be continued, and being 
filled with their good friends, the rest of the 
nation would have been providitors for 
them, and tenants at will. At present there 
was very little difference between the king's 
secret council and Dalziel's council of war. 
Duke Hamilton was only rit-master* Ham- 
ilton, as the general used to call him, Rothes 
was rit-master Lesly, Linlithgow was colo- 
nel Livingstone, and so of the rest. Dalziel 
and Drummond were, quickly after the 
disaster at Pentland, made privy counsel- 
lors; and had this project gone down at 
court, the misery of this nation had been 
very soon completed, and the eastern Turk- 
ish slavery introduced, or that of France, 
where the nobility and officers of the army 
are much the same. 

The bishops used all their interest, and 
made as great efforts as they were capable 
of, to get this project gone into in its full 
latitude ; and lieutenant-general Drummond 
goes up to court to negotiate this affair. 
He endeavours to persuade the king, the 
country was so averse from prelacy, that 
they could not be kept in quiet, without a 
good army and military force, and violently 
pressed the continuance of a standing army, 
and the harshest methods against the refus- 
ers of the declaration. The archbishop of 
Glasgow went likewise up to London, the 
primate, as we have heard, not being at 
present so very acceptable, as once he had 
been. He was a man of cunning and sub- 
tilty enough, and by his setting up so very 
much upon the lay of the English forms, 
was in good terms with the violent church- 
men and their party, and hoped, by their 
assistance, to have conformity crammed 
down people's throats, by the rigorous press- 
ing of the declaration, and a standing army. 
While this matter is in dependance, a con- 
vention of estates meet at Edinburgh, Jan- 
uary S^d, and lay on a subsidy for the army, 
sixty-four thousand pounds a month for a 
year's time, as may be seen in the printed 



* Master of horse.—- Erf. 

acts of parliament. When I looked 
to the act of the convention, I won- 
dered to find so few hard words upon the late 
and recent rising at Pentland ; and am apt to 
think, this hath not been looked upon as so 
black and atrocious a crime, as some prela- 
tists and Jacobites have made it since ; nor 
so fi'ightful an attack upon the prerogative, 
otherwise this loyal convention would have 
taken more notice of it. It may be further 
remarked, that in the narrative of the act, 
it is said, " That the king hitherto had main- 
tained the army upon his own charges," 
which I know not so well how to reconcile 
with the express application of the fines, to 
the payment of the army, above narrated. 
In short, the convention, in the excess of 
their loyalty humbly offer to maintain " all 
the forces the king shall please to raise :" a 
blank is thus put in his hand, to raise and 
continue as numerous a standing army, as 
his arbitrary counsellors should for their 
own ends advise him to. 

It was happy for the nation, that Lauder- 
dale, who had very much of the king's ear 
at this time, was of other sentiments. He 
smelled the design of a great many, who 
were for a standing army, was to enrich 
themselves and friends, and gratify the 
prelates in severities upon presbyterians. 
Several things concurred to cross this vio- 
lence projected against them. Bishop Sharp's 
double-dealing had been lately discovered 
to the king, and his interest at court was 
considerably weakened : therefore the arch- 
bishop of Glasgow went up to court, and 
not the primate, as had been in use these 
years bj'gone. Chancellor Hyde and his 
party were fast losing ground in England, 
and in August this year he resigned his 
staff"; and the interest of our Scots prelates 
at court, leaned much upon him and his 
party of highfliers. And perhaps this dis- 
appointment was not a little owing to a 
difference fallen in of late betwixt Lauder- 
dale and several of our great men in Scot- 
land, who had been his friends in his debates 
with Middleton, yea, had been brought into 
their posts by his influence. Of this number 
were duke Hamilton, Rothes, Newburgh, 
Linlithgow, Dalziel, with the officers of the 
army ; and almost the whole of the prelates 


, „„„ joined them. These made up a sepa- 
rate party from Lauderdale's friends 
in the council, who were the earls of Arg3'le, 
Tweeddale, Kincardine, the lord Cochran, 
Sir Robert Murray, and some others. Lau- 
derdale's favour with the king made him 
able with his few friends to make a stand 
against his enemies, and his interest above 
produced very considerable changes in Scot- 
land this year. Li March 1 lind the earl of 
Airly and lord Cochran are made counsellors ; 
in June Sir Robert Murray is made justice- 
clerk; in October the earl of Rothes's 
commission is declared void, and he is 
divested of several profits he enjoyed, and 
made chancellor ; the army is disbanded, 
and an indemnity granted, as we shall hear. 
These civil changes, save in as far as they 
had influence upon the sufferings or respite 
of presbyterians, I leave to be accounted for 
by others. 

After the convention of estates were up, 
Lauderdale prevailed with the king to send 
his letter, dated March 12th, to the council, 
which, though severe enough, was not so 
agreeable to the projects of such who were 
concerned in the army ; yea, it was a con- 
siderable disappointment to the party who 
opposed Lauderdale, and the forerunner of 
a greater. The council read it, March 21st. 
By it they are allowed to put the declaration 
to all suspect persons, and to incarcerate 
such as refused it. But they cared not 
much for bare imprisonments, those pro- 
duced little money, and it was the estates 
of the Whigs and their money they had in 
their eye. The conversion of fanatics by 
imprisonment, was either despaired of, or 
little at heart. This letter is of that import- 
ance, and had so many consequences, that 
it must have a place here. 

" Charles, &c. We greet you well. The 
convention of estates of that our ancient 
kingdom, having liberally and cheerfully 
contributed to the maintenance of the forces 
raised, and such as we should think fit to 
raise at this time, for the defence of the 
kingdom against any foreign invasion, or 
intestine rebellion, we have seriously con- 
sidered of the fittest means for securing the 
kingdom against invasions from abroad, for 
rooting out of the late rebellion, preventing 


the like for the future, and for quieting and 

preserving the peace of the kingdom and 
the good of the church, as it is now settled : 
and for these ends having heard those lately 
come from Scotland, and considered the 
advices which we have had out of Scotland, 
we have resolved to send you these follow- 
ing powers and directions. 

" First, According to the advice of our 
privy council, for the better discovery of 
such as are dangerous, we do empower you 
to tender the oath of allegiance, and the 
declaration, which was by our parliament 
required of all who are or shall be in any 
place of trust, unto such active and leading 
persons of the disaffected parly, as you 
shall find just reason to suspect, and secure 
the persons of all who shall refuse either 
the one or the other, when so tendered 
unto them. 

" Secondly, We do authorize you in our 
name to emit a proclamation in due form, 
requiring all, both gentlemen, and heritors, 
and commons, within these shires where 
there appears most disaffection (which you 
are to set down in that proclamation), to 
bring in, by such a day to be named by you, 
all arms of what sort soever, and all powder 
under such pains and penalties as be by you 
thought fit; and that these arms and powder 
be forthwith secured in any of our garrisons 
of Edinburgh Castle, Stirling Castle, or 
Dumbarton Castle, you always allowing 
gentlemen to wear their swords. 

" Thirdli/, We do authorize and enjoin 
you to seize all serviceable horses, in the 
possession of any disaffected or suspected 
person of what quality soever; provided 
always, that such horses be first apprized by 
honest and indifferent persons, at the sight 
of the sheriff, or some other person or 
persons appointed by you for that effect. 

" Fourthly, We do authorize and require 
you with all possible diligence, to model a 
militia of horse and foot in the several shires 
of that our kingdom, to be ready to join 
with our forces, as they shall be commanded, 
for securing the kingdom, as well against 
intestine commotions as foreign invasions, 
which you are to model, and offer to us 
with all possible expedition for our appro- 
bation ; which being signified, and we having 


named persons loyal and well principled, to 
command them, 30U may speedily proceed 
to put the kingdom in a posture of defence. 

" FiJ'lhly, We do require you with all 
speed to provide arms and ammunition for 
the defence of the kingdom ; for which pur- 
pose we do allow all the remainder of the 
first year's taxation, and because money 

may not be presently raised, we do allow 

our connnissioner, to allow such rates for 
advance of the same, as you think necessary. 

'' SU'tlih/, We do require you to take 
some effectual course, that every parish 
secure the persons of their ministers from 
violence and affronts. 

" Lastly, For exemplary punishments of 
the late rebels, for the terrifying of all men 
from daring to attempt any thing of the 
like nature hereafter, upon any pretext 
vvhatsomever, and for the more effectual 
rooting out of rebellious principles, we do 
peremptorily require you without any further 
delay, to give present order for the criminal 
pursuit of all heritors, or men of estates, all 
preachers and military officers who were in 
the late rebellion, or who assembled them- 
selves without our authority, in order to 
the rebellion, before the justice-general, to 
the end they may be tried according to law, 
and being found guilty, forfeited without 
any further delay. So expecting a ready 
obedience, and speedy account from you, 
we bid you heartily farewell. Given at our 
court at Whitehall, the 12th day of March 
1667, and of our reigu the nineteenth year. 
By his majesty's command. 

" Lauderdale." 

That same day the council " appoint a 
committee to meet and think upon rules to 
judge what persons are disaffected, and the 
fittest means for securing the persons of 
ministers in every parish." The clerk is 
ordered to form proclamations, conform to 
the second and third articles of his majesty's 
letter. And they ordain a warrant to the 
advocate to pursue heritors, &c. in terms of 
the sixth article. At their next meeting, 
March 22d, they approve the two draughts 
of the proclamations laid before them, 
which are published March 25th. The first 
is, for bringing in of arms from the shires of 


Ayr, Lanark, Renfrew, and Wigton, i^p^ 
and stewartry of Kirkcudbright, 
against the 1st day of May. I have insert 
it below.* The order is universal through 

* Proclamation for bringing in arms, March 
2bth, 1()G7. 

Charles by the grace of God, king of Great 
Britain, France, and Ireland, defender of the 
faith ; to our lovits, 

messengers, oar sheriffs in that part, conjunctly 
and severally, specially constitute, greeting : For- 
asmuch as the late rebellion and rising in arms 
in the western shires, is too great an evidence 
that there are many disaffected persons in these 
places, who are ready to involve the kingdom 
again in a bloody and unnatural war ; and that 
we have just reason to suspect that these rebels 
will be ready to lay hold on this opportunity to 
rise in arms, when we are necessitate to continue 
the war with our foreign enemies, and not only 
to make use of such arms, powder, and ammuni- 
tion, as they have concealed, or may be trans- 
ported to them from our enemies; but will seize 
upon the arms of our well affected subjects, who 
reside amongst them, and are not able to make 
resistance, which may endanger the peace of the 
kingdom, and weaken our forces, necessitating 
them at one time to oppose foreign invasions 
and intestine commotions : as likewise, that 
according to their former wicked practices, they 
may invade the ministers of the gospel, who are 
lawfully admitted preachers amongst them, and 
do violence or injury to their persons, to the 
great contempt of our authority, and scandal of 
the reformed religion, as it is now profest. 
I'herefore, we, with advice of the lords of our 
privy council, command and cliarge all persons 
residing witiiin the shires of Lanark, Ayr, 
Renfrew, Wigton, and the stewartry of Kirk- 
cudbright, betwixt and the first day of May 
next, to bring in all their arms and ammunition 
which they have in their possession, of whatso- 
ever sort (allowing gentlemen only to carry 
swords, and none other), to the head-burghs of 
the respective shires and stewartry, and deliver 
the same to the sheriff, his depute, or any having 
his order : with certification to them, if they 
tail, they shall be fined by our secret council in 
the sums of money under-written, viz. : — ilk 
gentleman in the sum of two thousand merks, 
and every other person in the sum of five hun- 
di-ed meiks, to be divided, the one lialf to be 
paid to our exchequer, and the other half to any 
person who shall first discover the concealers; 
and further, shall be proceeded against as sedi- 
tious persons, and disaffected to our government. 
Likeas, we ordain the said sheriff, his depute, or 
any other appointed by him, immediately, upon 
the delivery of their said arms or ammunition, 
to carry the same to Stirling or Dumbarton 
Castles, which shall be next adjacent, there to be 
kept by the governor thereof. As likewise we 
command and charge, that all heritors and 
parishioners, residing in any of the parishes 
within the said bounds, protect and defend the 
persons, families, and goods of their respective 
ministers within their several, from all 
affronts and injuries to be committed by insolent 
and disaffected persons to the present govern- 
ment, as well when they are in the exercise of 
the ministerial function, as residing at theii; 


, „„_ these shires, and gentlemen are only 
allowed to wear walking swords. 
It seems nobody in these western shu-es were 
allowed to have the privilege of defending 
themselves or families from thieves and rob- 
bers, they were so deeply leavened with 
presbyterian principles. One pretext for this 
unreasonable treatment of subjects, is, " to 
prevent the invading the ministers of the 
gospel, who were lawfully admitted preach- 
ers of the gospel among them." Parishes 
are made liable for all the injuries done to 
legal ministers, not only when in the exercise 
of their ministerial function, but when in 
their houses and families : and, accordingly, 
as we shall have occasion to remark, most 
iniquitous fines were extorted from parishes, 
when thieves and robbers came and spoiled 
the curates' houses ; or they themselves, by 
their incivilities, injustice, unrighteousness, 
and oppression, had provoked some passion- 
ate persons to fright them, which the people 
of their parish could neither prevent, neither 
so much as knew of, till the attempt was 
over. These attempts are charged upon 
these they now call rebels in the proclama- 
tion, most groundlessly : none, I can learn 
of who were up at Pentland, and indeed no 
presbyterian, approved these riots. The 
proclamation likewise seems to insinuate as 
much, as if those who had been at Pentland, 
were in concert with the Dutch ; which is a 

own houses and dwellings : with certification, 
that if any injury or affront shall be done to 
them, in their persons or goods, that the parish- 
ioners wlio shall suffer the same to be done, and 
not oppose the doing thereof, shall be repute and 
holden as art and part of the said crimes and 
violence and be proceeded against by law as 
guilty thereof, and punished according to the 
quality of their offence with all rigour. And in 
case the said injuries shall be done by surprisal, 
that they follow and pursue the committers 
thereof, until they apprehend their persons, and 
present thera to our secret council, to be judged 
by them as they shall order : otherwise we 
declare that they themselves shall be liable for 
such reparation, damage, and interest, as the 
said lords of council shall think fit to determine. 
And ordains the said sheriffs to cause intimate 
these presents by public proclamation," at the 
market-crosses of the head-burghs of the said 
respective shires and stewartries, and cause I'ead 
the same at all the parish churches within the 
said shires and stewartries, upon a Sunday before 
noon, after divine service, with all diligence ; 
and that these presents be printed, that none 
pretend ignorance. 


very idle and groundless innuendo. Indeed 
this proclamation had no great consequence 
as to the bringing in of arms ; a few were 
brought together, and, a little while after 
this, were cast into the sea. 

Jointly with this, another proclamation 
of the same date is emitted, prohibiting, all 
persons who withdraw from ordinances, 
and keep not their own parish church, to 
keep horses above a hundred merks value ; 
as may be seen in the paper itself.* This 
satisfied the prelates somewhat, but did not 
much fill their churches. Had this act 
been executed against all neglecters of 
public ordinances, I am persuaded the king 
might have had some very good horses 
from many of the managers, and their friends, 
and even from some of the bishops them- 
selves, who cared very little for, and as 
little frequented any assemblies for worship. 
That same day, they make a return to the 
king's letter, and acquaint him with what 
they had done, and are to do, as to every 
article of his letter. A good part we have 
seen in those two proclamations j but they 
give his majesty their opinion as to the 
ordering the militia, and some other heads, 
of which the curious reader will perhaps 

* Proclamation for hrinqinq in horses, March 
2bth, 1667. 

Charles, by the grace of God, king of Great 
Britain, France, and Ireland, defender of the 
faith ; to our lovits, 

messengers, our sheriffs in that part, conjunctly 
and severally, specially coiistitute, greeting : 
Forasmuch as it is more than high time, to 
prevent the rising of disaffected persons, who, 
during the continuance of the war with our 
foreign enemies, are ready to break out in open 
rebellion, and rise in arms against us and our 
authority, by disabling them from putting 
themselves in a military posture, and in a con- 
dition to make any sudden marches, or attempts 
upon our well affected subjects, or any part of 
our standing forces, or to join with these, who 
are of their own pernicious and disloyal prin- 
ciples, who live at a distance from them. 
Therefore, we, with advice of the lords of our 
privy council, command and charge all persons 
within the shires of Lanark, Ayr, Renfrew, 
Wigton, and stewartry of Kirkcudbright, of 
whatsoever quality, who have refused to accept 
of any public trust, or have deserted the same, 
being in place; as also, all those who withdraw 
from public ordinances, and do not keep their 
own parish churches, or do not submit to the 
present government of church and state ; as 
likewise all those who being Avarned to rise, 
and join with our forces, for suppressing the 
late rebellion, did not give obedience, unless the 


desire to be informed of, and tiierefore it 
is subjoined.* 

I do not find a sederunt of council from 
March 22d, till June Gth. The reason 
of wliich I do not pretend to give; they use 
not to have so long intervals. That day a 
letter is read from the king, dated May 4th, 
" That whereas nothing can be useful for 
our service, or more conducible for reclaim- 



ing the people from these treason- 
able and fanatic principles, where- 
with they have been poisoned by factious 
preachers, than the encouraging the sober 
and orthodox clerg)', against whom the 
greatest rage appeared in the late rebellion. 
And whereas we are resolved not only to 
encourage and protect the bishops in the 
exercise of their callings, and all the ortho- 

said persons will take the oath of allegiance, and 
subscribe the declaration appointed by the late 
act of parliament, that after the fifteenth day of 
l\Iay next, they, by themselves, r;or no persons 
to their use and behoof, do not keep any service- 
able horses, above the rate of one hundred merks 
Scots, under any pretext whatsoever : with 
certification, if they fail, that upon information 
of any person well affected, the sheriff, or any 
two of the justices of peace within the shire, 
shall cause value such horses, and finding them 
above the rate foresaid, shall cause deliver them 
to the informer, and that without any payment 
or satisfaction to be made therefore. And 
requires all sheriffs and justices of peace, within 
their respective bounds, to issue orders, for 
convening the contraveners of this act before 
them, and causing ajiprize any such horses, by 
indifferent persons, that it may be known, if 
they be above the rate foresaid. And, in case 
that the persons who compear, shall offer to 
purge themselves of any suspicion of disaffec- 
tion to our government, upon the accounts 
foresaid, that they administer to them the 
oath of allegiance, and offer the declaration 
to be subscribed by them, which being taken, 
and subscribed by them, as said is, then we 
enjoin tiiem to dismiss the said persons with 
their horses, to be kept by them, without any 
further trouble or molestation, otherwise, that 
they proceed as said is. And ordains the 
sheriffs of the said shires, to cause intimate 
these presents by public proclamation, at the 
market-crosses of the bead burghs of the said 
respective shires and stewartries, and cause read 
the same at all the parish churches of the said 
bounds, upon a Sunday before noon, after divine 
service, with all diligence, and that these pre- 
sents be printed, that none pretend, ignorance. 

* Council's letter to the king, March 2hth, 1667. 
Most sacred sovereign, — In obedieisce to your 
majesty's letter of the 12th of this instant, we 
have seriously gone about the performance of 
these particulars recommended to us, with that 
diligence and faithfulness which is suitable to 
your majesty's tender care of this your ancient 
kingdom, and your royal wisdom, in providing 
timously for such means as may secure your 
royal subjects from the dangers that are threat- 
ened from your enemies abroad, and the disaf- 
fected party amongst ourselves, whose rebellious 
principles may have led them, in this juncture 
of affairs, to desperate and new undertakings ; 
and, after full deliberation, have resolved on the 
following orders, whereof w-e found ourselves 
bound in duty to give your majesty an account. 
As to the first, concerning the tender of the oath 
of allegiance and declaration, to active and lead- 
ing persons of the disaffected party, we are 
i-esolved to go about the same with all diligence, 

and hope in a short time to give your majesty a 
full account thereof. As to the second and 
sixth articles, which relate only to some western 
shires, we have issued a proclamation in yom- 
majesty's, name, for calling in all arms and 
ammunition, and securing from violence the 
persons of ministers in those places, whereof 
printed copies are herewith transmitted to your 
majesty. As to the third, for seizing all 
serviceable horses belonging to disaffected or 
suspected persons, we have agreed upon some 
characters whereby such persons may be known, 
and accordingly have emitted a proclamation ; 
hut because it is not clear to us that your 
majesty did intend that this shall be put in 
execution over all the kingdom, we have 
restricted it only to some western shires, until 
we know your majesty's further pleasure. As 
to the fourth, we having considered the late act 
of parliament, whereby the estates did tender to 
V'tur majesty twenty thousand foot, and two 
thousand horse, to be levied out of all the shires 
and boroughs of the kingdom, according to the 
proportions therein set down, and humbly con- 
ceive at this time your majesty may nominate 
ofiieers for the several divisions, as the said act 
bears; yet because there will be great difficulty 
to get arms, and a burden to the subjects to 
provide for the whole number, that it may 
prove more effectual for your majesty's service, 
that the half of that number may always be in 
readiness to be trained in their several divisions, 
for to march to any place they shall be appointed : 
it is our humble opinion, that your majesty may 
order only the half to be always in readiness, 
when they shall be called to these duties, and 
the rest if necessity require; and seeing the 
western shires, who are to be disarmed, and 
their horses taken from them, cannot be ordered 
to have their militia in readiness, they must be 
excepted out of that order, and no officers are to 
be coramissionate by your majesty as to these 
hounds ; yet it is offered to us by duke Hamilton, 
that as many horsemen may be got out of 
Lanarkshire as their proportion will amount to, 
who will take the oath cf allegiance and declara- 
tion, upon which account we humbly may name 
ofiieers of horse as to that shire. As to the 
fifth, anent providing of arms and ammunition, 
we have recommended the performance thereof 
to the lord commissioner his grace, who (we 
are confident) will effectually go about the same. 
As to the last, orders are given to your majesty's 
advocate to intent processes against all such 
persons as are named in that article, before the 
justice-general, that the sentence of forfeiture 
may be given against them without delay : so 
praying Gbd to bless your majesty and all your 
undertakings, we remain yoin- majesty's most 
faithful and obedient subjects and servants. 
Subscribed ut sederunt. 




dox clergy under them, but also to I That same day, another letter from the 
discountenance all of what quality I king to the council is read, pressing, in warm 

soever, who shall show any disrespect or 
disaffection to that order and government : 
therefore we do more especially and ear- 
nestly recommend it to j'ou, who are trusted 
under us with the government of that our 
ancient kingdom, to give all manner of coun- 
tenance and encouragement to the ortho- 
dox clergy, and to punish severely any 
affronts or disrespect put upon them ; to 
the end that they may be the more endeared 
to their people, when they see how careful 
we, and all in our authoritj' under us, are 
of their protection in the due exercise of 
their calling." Indeed when many of the 
orthodox clergy, as their name now is, took 
no care to conciliate respect to themselves 
by their doctrine and a proper ministerial 
carriage, but, by their violent persecuting 
temper, drew down the hatred of their 
people, there was no other way left to sup- 
port them, but the secular arm that had 
made the bishops, and forced in this clergy 
upon Scotland. I have heard nothing of 
any rage, or particular injuries done to the 
episcopal ministers, by the people who 
were in arms lately ; but somewhat of 
the nature of this letter was necessary 
at this time, when it was found proper 
to take a different course from what the 
prelates inclined to. According to this 
letter, and indeed beyond the expressions 
in it, a proclamation is emitted next coun- 
cil day, June 13th, making heritors and 
parishioners liable for all the damages done 
to ministers, and that in the strongest 
terms : and we shall afterwards find it rigo- 
rously enough put in execution. Since I 
have not seen it in print, I have insert it 
below,* and it needs no remarks ; some 
i;pon the matter may fall in afterwards. 

terms, the forfeitin 
concerned in the risin 

of such who had been 
and escaped from 

* Proclamiition about miuista-s, June MUi, 16t>7. 
Charles, by the grace of God, king of Great 
Britain, France, and Ireland, delender of the 
faith ; to our lovits, 

messengers, our sheriffs, in that part conjunctly 
and severally specially constitute, greeting": 
Forasmuch as, we, by divers ai;ts of parliament 
and pi-()clamations, have expressed and declared 
our royal care and resolution to protect the 
orthodox and well affected clergy and ministers ; 
and to th;it effect and purpose a proclamation 
was issued by us, upon the 5th of March last, 

commanding allheritorsand parishioners within 
the western shires there mentioned, to protect 
and defend the persons, families, and goods of 
their respective ministers, within the several 
parishes, from all affronts and injuries to be 
committed by insolent and disaffected persons 
to tiie present government, in manner, with, 
and under the certifications and pains therein 
contained : and nevertheless, the malice and rage 
of such persons is so imidacable against loyal 
ministers, upon no otiier account, but that they 
are faithful and obedient to our laws and 
authority, that of late, since the said proclama- 
tion, divei-s outrages have been committed 
within the said westei'n and other shires, by 
invading and wounding the persons of several 
ministers, assaulting them in their houses, and 
plundering and robbing their goods, to the 
great scaiuial of religion, contempt of our 
authority, and discouragement of the preachers 
of the gospel ; and it is a great encouragement to 
such sacrilegious and wicked persons, that 
within the jiarishes where such insolencies are 
committed and done to ministers, there are not 
wanting persons of the same temper and prin- 
ciples, who do secretly favour and encourage and 
comjily with them ; and they do presume that 
the actors withdrawing, the parishioners will 
not be questioned, and that they will not think 
themselves concerned to I'epair the wrongs done 
to the ministers. Therefore we, with advice of 
the lords of our privy council, command and 
charge all heritors, liferenters, and others having 
any real interest oi' rent within the several 
parishes of the kingdom, whether they resids 
within the same or not, their bailies, chamber- 
lains, and others having trust under them, and 
all other parishioners, to protect, defend, and 
secure the persons, families, and goods of their 
ministers, not only in the exercise of their 
ministerial function, but in their dwelling- 
houses, or being elsewhere within the parish, 
from all injuries, affronts, and prejudices, which 
they may incur in their persons and goods, from 
the violence and invasion of any disaffected or 
fanatic person ; and that upon the notice of any 
attempt of such, they immediately repair to any 
pla<'e where they shall hear such injuries are 
offered, and seize upon the persons of the 
committers ; and in case they flee out of the 
said bounds, that they give notice to the sheriff, 
or any garrison, or forces that shall be nearest to 
these places, that they may pursue them till 
they be apprehended and brought to trial : 
with certification, that if any such outrages 
shall be committed, the actors and all persons 
who shall have any accession to the same, and 
shall aid and assist, or any way com])ly with, 
or shall willingly reset or conceal the delin- 
quents, shall be proceeded against, and punished 
with all severity, as equally guilty with the 
invaders. And further, if they be not appre- 
hended and brought to trial, by the means and 
diligence of the parishioners, letters shall be 
directed at the instance of om- advocate, to cite 
the parishioners to compear before the lords of 
our privy council, at the least to send three or 
four of their number, specially authorized for 


it; the issue of which was the justiciary 
court, held August 15th, as we have seen 
in the former section. The king there 
makes an innuendo. That some of his judges 
were too favourable to that party ; with 
some other particulars, which the reader 
will best see in the proclamation itself, 
which I have annexed in a note.* The 
occasion of it was the clamour of the 
bishops, and an alleged attempt made upon 
Mr. Patrick Swinton, curate of Borgue, in 
Galloway, who was indeed very active in 
the persecution of that countr3\ I own 
any irregular attempt, even under provoca- 
tion, is a fault ; and I will not in the least 
offer to vindicate it in any whosomever. 


that eifect, to and see the parishioners, 
decerned to pay the minister for reparation, 
damage, and interest, such a sum and fine as 
our council sliall be pleased to determine specially, 
consideration being always had of well atfected 
heritors and parishioners, who constantly attend 
the public ordinances, and as they are required 
by the ministers, concur with them in the 
exercise of church discipline, ■who are to be 
tried to be such by the justices of peace, or 
their judge ordinary, and a citation of the 
parishioners in general, at the market-cross of 
the shire, being intimate at the parish church 
upon a Sunday before noon, after divine service, 
"wc declare to be suffittient : and the said sum 
modified, shall be divided amongst the heritors 
and liferenters, and others, according to their 
respective valuations, and is to be advanced and 
paid by them to the sheriffs, stewards, or bailies 
of regalities and bailiaries, who are hereby 
ordaiiied by themselves or deputes, to uplift the 
same for the use of the minister, and to use all 
lawful execution for that effect, and for relief of 
the said heritors, liferentei's, and others foresaid, 
their several tenants are hereby ordained to pay 
the third part of the several proportions payable 
to their masters ; and where any person has more 
tenants than the third part payable for relief 
of their master, is to be divided and proportioned 
betwixt their tenants ]>n)]i(iitioiial!y, and accord- 
ing to the duty they ]iay resi)e(tive ; and if any 
question arise thereaiiciit, cither amongst the 
tenants themselves, oi- the tenants and their 
masters, the same to be determined by the 
justice of peace, sheriff of the shire, or other 
judges ordinary, in whose jurisdiction they 
reside, in the option of the complainers. And 
ordains these presents to be printed, and pub- 
lished at the market-crosses of the head burghs 
of this kingdom, and read at all parish churches 
npon a Sunday before noon, after divine service, 
that none pretend ignorance. 

* King's letter to the council about forfeitures, 

Mmj ith. 

Charlks R. 

Right trusty, &(;. We gi-eet you well. We 

did by our despatch, which our major-general 

carried, amongst other things, require you to 

cause proceed in a process of forfeiture, against 


The project being now formed ,„„_ 
above, and things thus di'-posed for 
slackening severities against the presbyte- 
rians, and dismissing the army, Sir Robert 
Murray came down from court, to get a 
true account of the state of the country, 
and the carriage of the army. He was 
a very learned and ingenious gentleman, a 
great ornament of his country, a diligent 
promoter of every branch of useful know- 
ledge, and moderate in his temper. In- 
deed, true and useful learning makes all 
who have it, heartily against persecution 
for conscience' sake, and friendly to the 
liberties of their country. The primate's 
contradictory accounts, and the great inter- 

those heritors, gentlemen, and ministers, who 
were in actual arms in the late rebellion, or who 
gathered together without our authority, in 
order to join \vith the rebels. We expect you 
will be careful to hasten that process, and give 
us an account of it. And whereas we are 
informed, that divers of the rebels do liu'k or 
wander in the country, we do now further 
require you to issue a proclamation in our name, 
by which all the rest of the rebels v.'ho are not 
yet taken may be cited by name, to appear at a 
certain day to be named by you, to the end they 
may be proceeded against according to \aw, and 
that such as do not appear may be criminally 
outlawed and declared fugitives ; and that all 
who shall afterwards reset, conceal, or keep any 
manner of correspondence with any of them, 
may be punished according to law. This you 
are to do in the ordinary form, with all clauses 
necessary. And whereas we have been several 
times informed, that both in the commission for 
church affairs, and at our council-board, those 
who have been cited for conventicles, and other 
crimes contrary to law, nay, even divers of the 
rebels have been pleaded for, and countenanced, 
even in these our judicatories, and to this day 
we could never hear any body named or con- 
descended upon ; therefore we do positively 
command j'ou our commissioner, when by any 
person in authority under us any obstruction 
is given to our service, any forslowing our 
commands, by countenancing or pleading for 
forfeitcrs, conventicle-keepers, or disobedient 
persons to ecclesiastical government, who shall 
be brought befcn-e any of these judicatories, that 
j'ou our commissioner give us particular infor- 
mation of the names of such persons who are in 
any trust under us, to the end we may take 
such courses therewith, as may thereafter pre- 
vent such practices. And because it will be 
necessary for our service, that a constant corre- 
spondence be kept betwixt you and our lieutenant 
of Ireland, you shall settle a way of correspond- 
ence through that part of Scotland, as we will 
order our lieutenant to do the like in the Irish 
side ; and so we bid you heartily farewell. 
Given at our court at Whitehall, the fourth 
day of May, and of our reign the nineteenth 
year. — By his majesty's command, 




, ^„„ est these concerned in the army, had 
166/. . •' 

in the Scots council, all the coun- 
sellors almost being under pay, made the 
king very justly suspect the informations he 
got from Scotland. In June, I find Sir 
Robert admitted to the office of justice-clerk. 
— While Sir Robert is in Scotland, all the 
efforts possible were made by the prelates and 
the army to force some evidences of the 
necessity of the continuing the forces now in 
pay. One day, letters come in to Edinburgh, 
signifying that the Whigs were in arms again. 
Indeed another Pentland would not have been 
unwelcome to some now. At another time, 
the accounts came in of attacks upon the 
legal ministers' houses. I find it believed 
by people who understood the circumstances 
of those attempts, that some of the army 
did personate the Whigs, and plundered, 
and rifled, or at least threatened some of 
the curates' houses ; but having seen no 
particular proofs of this fact, I cannot assert 
it. However, those attempts were made a 
strong argument for the keeping up of the 
army J yea. Sir William Bannantyne was 
sent into Galloway a second time, to exact 
the bonds he had taken from a great many 
there, which yet were not payable till Martin- 
mas, in hope that the poor people might be 
prevailed with to resist such palpable injus- 
tice ; and great was the struggle at the coun- 
cil-board to preserve the army, the chief 
hope and support of the bishops. 

Till once the peace with Holland was 
concluded, it was not found proper to dis- 
band the forces : but meanwhile, I find, in 
July, many prisoners, upon the account of 
Pentland, are set at liberty, upon their 
signing the declaration ; and some favours 
are granted, but awkwardly enough, to some 
presbyterian gentlemen confined and impris- 
oned. William Lawrie, tutor of Blackvood, 
is allowed to come out of the Castle of 
Edinburgh, and to have the liberty of the 
town, about his affairs. James Hamilton of 
Aikenhead (at the writing of this, 1715, 
lately dead) applies the council, showing, 
" he had been confined to the town of Inver- 
ness, and liberties thereof, for ten months ; 
and, after the payment of a good part of 
his fine, was confined to his own house, and 
a mile about it, where he had lived peace- 

ably ; and all this for mere nonconformity^ 
as we have heard ; craving he might be per- 
mitted to come to Edinburgh about neces- 
sary affairs." The council grants him liberty, 
upon giving bond, under the penalty of 
ten thousand merks, to return to his con- 
finement betwixt and the first of August next. 

That same day, July Uth, the councU 
have before them a report of a committee 
they had appointed for considering the case 
of the prisoners after Pentland, and come 
to the following issue as to this matter. 

" The lords of his majesty's privy council, 
having considered the report of their com- 
mittee for examining the prisoners in the 
tolbooths of Edinburgh and Canongate, 
upon the account of their accession to the 
late rebellion ; bearing, that they have exam- 
ined the said prisoners, and thereafter con- 
sidered their own confessions, do find all of 
them to come under one of these four 
classes. 1. Some that are risen in arms, 
and are, by their own confession, clearly 
guilty of rebellion, and refuse the allegiance 
and declaration. 2. These who are so 
guilty, and are content to take the allegiance 
and declaration. 3. These who have been 
taken upon suspicion, that they have had 
some accession, by resetting, abetting, or 
otherwise complying, and nevertheless deny 
they had any accession, and against whom 
as j'et there is no evidence or probation of 
guilt, v/ho refuse to ttJce the declaration. 
4. These who are in the condition above 
written, and are content to take the declara- 
tion : in which several classes the committee 
have placed the several prisoners, conform 
to the lists thereof, given in. The said 
lords having considered the said report, 
with his majesty's letter, giving order for 
sending such of the said prisoners as were 
guilty, to the plantations, do ordain the per- 
sons contained in the first class, who are 
clearly guilty of rebellion, to be sent to 
Barbadoes with the first opportunity ; and 
ordain a letter to be written to the secretarj', 
to endeavour to procure his majesty's par- 
don and favour for the two prisoners in the 
second class : ordain these in the third class 
to continue in prison ; and recommend to 
the former committee to examine how and 
by whom they were imprisoned, and to call 

CHAT. II. 1 



these «-lio did imprison them, to give evi- 
dence against thom ; and ordain those in the 
fourth class to be set at liberty tbrtli of 
prison, tlicy taking the oath of allegiance 
and declaration ; and such of them as are 
able, finding caution to appear « hen they 
shall be called, and to keep his majesty's 
peace in the meantime; and such of them as 
ai-e not able, enacting themselves to that 
effect, under the penalties contained in the 
laws and acts of parliament." — By the regis- 
ters of August 1st, I find that Lauderdale 
received this opinion of the council; and 
acquaints them, as the king's will, that as 
to Simpson and Rome of Beech, the two 
spoken of, the king remits them to the 
council, and approves of M'hat they had 
done, and leaves it to the council to deter- 
mine of all the commons that were in rebel- 
lion, as they shall think best for his service, 
and the quiet of the nation ; reserving the 
landed men, and such as are under process 
for treason, to the due course of the law. 
And this power, as to the commons, is after- 
guards explained, upon the coimcil's desii-e, 
of all the commons at Peutlaud, whether in 
prison or not. 

At length a letter from the king, dated 
August 13th, comes dowT^i, peremptorily 
ordering the disbanding the army; see note.* 
The jjcace with France, Holland, and Den- 
mark, had been concluded in the end of 
July. The nation could not much longer 
bear an army, at least acting as they did, 
without ruin. A captain's place was now 
as profitable as a good estate ; and no redi-ess 
could be got of the cnielties and injustice 
committed by them, the privy council being 
mostly made up of the army. By, this the 

* King's letter to council, August 23d, 1667. 
Charles R. 

Right trusty, &c. We greet you well. The 
gi'eat care we had of the honour and safety of 
that our ancient kingdom, ohliged us to raise 
both horses and foot, in a proportion much 
above what that kingdom could long bear; and 
now when God hath blessed us with so fair a 
prospect of peace, that same care obliges us to 
ease the country of so heavy a burden, as soon 
as is possible : therefore we have thought fit 
and necessary to acquaint you with our resolu- 
tion to disband all the horse (excepting the two 
troops of the guards commanded by you, our 
commissioner, and the earl of Newburgh), as 
also the greatest part of the foot. "VVe shall 


presbyterians had a considerable 


breathing, when, upon the event of 
a peace abroad, they expected the utmost 
rigom-, and the bisliops resolved it. The 
forfeitures we have heard passed this month, 
balanced the dissolution of the army, to 
the t«o chief officers, Dalzlel and Drum- 
mond, and the rest behoved to be satisfied. 
I am told the archbishop of Glasgow was 
extremely chagrined at this step, and said, 
" Now that the anny was disbanded, the gos- 
pel would go out of his diocese." The king's 
letter is very peremptory, and the army is 
paid and disbanded, except two troops of 
horse, and Linlithgow's foot guards. Now, 
for a season, matters are managed by the 
more moderate part of the council, Tweed- 
dale, Sir Robert Mun-ay, and others, under 
the direction of Lauderdale. 

When the anny is removed, the next 
question in council is. How the country shall 
be kept in peace mthout the army ? Here 
the two different parties in council acted 
theu' different parts, according to their differ- 
ing views and designs. The bishops and 
their party, who had managed all here for 
some time, were violently for pressing the 
declaration upon all suspected persons, and 
no doubt quoted the king's letter of March 
last, allowing this. Forfeitures and spoil 
A^ere now a little out of their present hopes, 
but still that party continued to press the 
harshest measures they had any prospect of 
accompUshing, expecting such measures 
might at length in-itate the covmtry, and 
open a new door for \-iolence and force. In 
this their good friends concerned in the 
ai-my heartily joined them. The moderate 
party, Tweeddale, Kincardine, Cochran, and 

together with the orders for publishing the 
peace, send particular orders for disbanding all 
the troops, and as many of the foot as we shall 
think fit : in the mean time, we have given 
command to our commissioner of our treasury, 
to use all possible endeavours for raising money 
to pay these troops and companies so to be 
disbanded : and we do require you of our privy 
council, to be assistant with your utmost con- 
currences, in what shall be desired by the 
commissioners of our treasury for that effect : 
so expecting your obedience in so necessary a 
work, we bid you heartily farewell. Given at 
our court at Whitehall, the 23d day of August, 
1667, and of our reign the I9th year. — By his 
majesty's command, Laudebdai-e. 




, „„ Sir Robert Miu-ray, who now had 

16G7. ., . • • . .,1, 

the treasury lu coramisision, with 

such as joined them, proposed a bond of 
peace to be taken and subscribed by all to 
M'hom it should be tendered; and alleged 
this woidd either be taken, and so the end 
proposed was gained; or be refused, and 
then the refusers, which they imagined 
would be very few, would be exposed, and 
every body woiUd observe their unaccoimt- 
ableness, in standing out against so reason- 
able and easy a demand. After abundance 
of warm reasoning anent the two expedients, 
the council came to state the vote, which 
of them should be gone into, the declara- 
tion, or bond of peace. \Vhen the roUs 
were called, Sir Peter Wedderbiu-n clerk 
to the council affinned, the fii'st expedient 
carried. Sir Robert Murray conti'adicted 
bim, and the rolls were again called, and 
the clerk affirmed a second time the decla- 
ration carried. Sii* Robert a second time 
contradicted him. Great heat arose, and 
the chancellor blamed Sir Robert for ques- 
tioning the clerk's fidelity. He answered, 
he would credit his own senses more than 
any clerk in the world. And the rolls being 
called, and the votes distinctly and narrowly 
marked, it was foimd the bond of peace was 
voted to be the expedient, by the jilurality. 
This council-day, September 13th, the 
members were fully convened : both sides 
had mustered their forces, and there were 
present, " earl of Rothes the king's commis- 
sioner, archbishops of St Andrews and 
Glasgow, duke Hamilton, marquis of Mon- 
trose, earls of Kelly, Weems, Au'lie, Callen- 
dar, Annandale, Tweeddale, Kincardine, and 
Dundee,* lords Drumlanerk, Sinclair, Coch- 
ran, Bellenden, general Dalziel, lieutenant- 
general Drimimond, Sir John Gilmom- lord 
president of the session. Sir Archibald Prim- 

* This was John, third and last earl of Dundee. 
He died in the summer of the following vear 
without issue, and the earl of Lauderdale 
obtained a grant of his estate from the crown for 
his brother Hatton. In 1684, Dudhope, the 
family seat, was bestowed, as a reward for his 
butcheries, upon John Graham, better known in 
Scotland by the name of bloody Clavers ; who, 
in 1668 was created viscount of Dundee, and in 
the following year fell in the battle of Killicran- 
ky. Scots Peerage, vol. i. pp. 446, Am.— Ed. 

rose lord register, Sii- John Nisbet lord 
advocate, the lord justice-clerk, Sir Robert 
Miu-ray, Sir James Lockhart of Lee, the 
lairds of Haltoun and Niddry." The council, 
after their debates are over, offer some pro- 
positions to the king, for the peace of the 
country when the ai-my is disbanded, that ■ 
after examination he may signify his pleas- 
ure thereanent; and they are as follow: 
" 1st, That a proclamation be issued, bearing 
a general pardon and indemnity to all, that 
were in the late rebellion, except these that 
are forfeited, or under the process of forfeit- 
m-e ; as also all such, as since the late rebel- 
lion, have done violence to the persons of 
ministers, invaded their houses, or robbed 
and taken away theii- goods, the said persons 
indemnified always coming in to such as the 
council shall appoint, betwixt and a blank 
day, and giving bond, and sufficient siu'ety 
for the peace, or othermse give their own 
bond and their oath, that they are not able 
to find caution, at the sight of these who 
shaU be appointed by the council. — 2dly, 
Tliat such noblemen and gentlemen, heritors 
and feiiars, who shall subscribe bonds for 
blank sums of money, for themselves, and 
their respective tenants and servants to keep 
the peace; the said noblemen and gentlemen, 
heritors and feuar, for their relief and secu- 
rity, shall have power and warrant to take 
bonds from their tenants and servants for 
blank sums of money, not to rise in arms 
against, or without the king's authority; and 
not to buy any arms, or keep horses above 
the value of threescore pounds Scots ; with 
power to disarm their tenants, and if they 
refuse to give bonds, as said is, in that case, 
if they have no tacks nor rentals, that they 
remove them from their possessions ; and if 
they have standing tacks or rentals for years 
yet to run, that they raise letters, and charge 
them for that effect under the signet of the 
privy council, for which these shall be a 
sufficient wan-ant to the clerk thereof to 
grant the same, and shall cause denounce 
them rebels, and put them to the horn; 
whereupon it is declared, that their masters 
shall have the gift of then- single, or liferent 
escheat gratis, in so far as may be extended 
to the rooms and possessions belonging to 
theii- masters. — 3dly, That a militia be set- 




tied, in that way that his majesty shall be 
pleased to appoint. — 4thly, That the king's 
royal pleasure may be knowai, as to all no- 
blemen, gentlemen, heritors, and feuars, 
Avho shall enter in bond for themselves, or 
tlieir tenants and servants to keep the peace, 
and, it' they need, to be pressed with the 
taking of the declaration. — 5thly, That an 
express order be sent for taking off the pro- 
clamation of the 25th of March last for bring- 
ing in of horses and arms, as to all such as 
have taken the oath of allegiance and de- 
claration, or have can-ied arms for his 
majesty's authority against those in the 
late rebellion." — Upon the 8th of October, 
the king's letter in answer to their proposals, 
comes to be read, %vith a proclamation of 
pardon and indemnity, dated October 1st. 
This 1 have insert here from the register, 
as follows: — 

" Charles, &c. Whereas you, having- con- 
sidered of the best and most effectual ways, 
for securing of the peace of that our king- 
dom, did, upon the 13th of September last, 
offer to us five proposals, that after exami- 
nation thereof, we might signify oiu" royal 
pleasiu-e and commands concerning them. 
We have considered the said proposals, and 
have thought fit to return you this our 
answer, that we approve of the first proposal; 
and in piu-suance thereof, we send you this 
enclosed proclamation, which we require you 
to publish in the ordinary way. We do 
also approve the second proposal, and 
require you speedily to give order for these 
bonds from the uoblemeu, gentlemen, heri- 
tors, feuars, for themselves, and then- 
respective tenants and servants to keep the 
peace, and for their relief as is expressed in 
that proposal. As to the thii-d proposal, 
we shall give orders sjjeedily for settling a 
militia in that our ancient kingdom. In 
answer to the fom-th proposal, it is oiu* 
royal pleasure, as to the noblemen, gentle- 
men, heritors, and feuars, who shall enter 
in bonds for themselves, tenants and ser- 
vants, to keep the peace, according to the 
second proposal, that they be not pressed with 
taking the declaration, enjoined by the act 
of parliament for persons of public trust. 
And lastly, in pursuance of yom- fifth 
proposal, we do authorize you to take off 

the proclamation, dated the 25th of .. 

March last, in relation to all such 
as have already taken the oath of allegiance 
and declaration, or who have carried arms 
for our authority against those in the late 
rebellion. These, we hope, shall prove 
effectual means for securing the peace. 
Yet, lest there should be any so malicious 
as not to accept of this our gracious pardon, 
and for the more effectual executing of what 
is proposed, we do require you to advise of 
the most convenient quarters for the horse 
and foot yet standing, to the end they may 
speedily march thithe)*, and carefully observe 
such orders as you shall appoint. We do 
again repeat what we seriously recommended 
by our last letter from Whitehall, concern- 
ing countenancing our archbishojjs and 
bishops, and all the orthodox clergy. And 
as we have here signified our pleasure about 
youj- proposals for the quiet of the kingdom; 
so we are no less solicitous for the peace 
and quiet of the church, recommending to 
you, that all prudent and effectual course 
may be pursued for the peace and quiet of 
the chiu'ch, for obedience to the good laws 
made thereanent, and for punishing the 
contemners and disobeyers of the same. 
And so we bid you heartily farewell. 
Given at oiu- court at Whitehall, the first 
day of October, 1GG7, and of our reign 
the nineteenth year. By his majesty's 

" Lauderdale." 

I find by the registers, that there hath 
been heat among the counsellors upon 
receiving of this letter, and the council do 
not, as hitherto they never failed since the 
restoration, order inunediate publication of 
the king's proclamation, but appoint a com- 
mittee to consider the letter and proclama- 
tion. To-morrow, October 9th, the council 
order some alterations to be made in the 
names of the excepted persons, in the 
proclamation of indemnity. They find there 

is no such person as Row chaplain to 

Scotstarbet. They order Caldwell and 
Kersland to be designed younger, Mr Trail 
to be designed chaplain to Scotstarbet, and 
Paton they order to be designed late 
preacher, and Row's name to be scored outj. 




and then appoint the proclamation 
' to be printecL I have subjoined it.* 
This pardon and indemnity had this 
remark made upon it by some, when it 
came out, that in the beginning it pardoned 
all, in the middle very few, and in the close 
none at all. After the amendments made 
upon this proclamation, which are censm-es 
on theii- own rashness and inconsiderateness 
on their former acts, among the excepted 
some still remain dead, and others of them 
who were not at Pentland, as hath been 
remarked. In short, the reader will notice, 
that the same lists almost are in the procla- 
mation discharging harbour, the advocate's 
commission for processing by forfeitiu-e, and 
these exceptions in the pardon. The excep- 
tions are very large, about sixty in niunber, 
and include the persons of any consideration 
almost, which they got notice of. These, 

* King's pardim and indeimiilj/ to those in the 
rebellion, October, ist, 1667. 

Charles, bj' the grace of God, king of Scot- 
land, Ellwand, France, and Ireland, defender 
of the faith; to all and sundry our lieges and 
subjects whom these presents do, or may concern, 
greeting : Forasmuch as it hath been alwaj's our 
greatest care, that our good subjects maj' live in 
peace and happiness under our government, so 
we have, for that purpose, been more desirous 
to make use of our mercy, to induce them to a 
dutiful submission to our laws, than to take 
special notice of anj' disorders committed by 
them, as the acts of indemnity and grace lately 
granted by us will witness. And the same 
tenderness towards them still possessing us, in 
order to those who have been seduced and mis- 
led in the late rebellion and insurrection that 
appeared in some of the western shires, in the 
month of November last, we are resolved that 
our mercy to them shall far exceed our justice : 
and therefore, out of our special grace and 
favour, we do by these presents grant our full 
and free pardon and indemnity to all persons 
who were engaged in the said rebellion, or who 
had accession thereto, from all pain or punish- 
ment which bj' the law they are liable to for the 
said rebellion, and for all deeds done by them in 
the same, or in relation thereto ; excepting al- 
ways from tliis pardon, the persons and fortunes 
of Colonel James Wallace, major Learmont, 

JMaxwell of Monrief younger, M'Lel- 

lan of Barscob, Gordon of Parbreck, 

M'Lellan of Balmagechpn, Cannon of 

Burnshalloch younger, Cannon of Barley, 

younger, Cannon of Mordrogget younger, 

Welsh of Scar,^ W'vlsh of"Cornley,^I 

Gordon of Garrery in Keils, Robert Chalmers 
brother to Gadgirth, Henry Gricr in Balmaclel- 
lan, David Stot in Irorgiay, John Gordon in 
Midtoun of Dairy, William Gordon there, 
John M'Naught there, Robert and Gilbert 
Cannons there, Gordon of Bar,, elder, in 

with about forty executed, and a hundred 
killed, and a good many who died of their 
wounds, do make up near a third part of the 
people who had been actually in the engage- 
ment at Pentland ; and the rest were such 
whose names they had not come to the 
knowledge of, and generally mean country 
people, whom they needed scarce notice. 
So the king's mercy in this indemnity does 
not extend itself very far. The exception 
of robbing ministers' hoiises, is cast in to 
throw an odium upon all engaged in that 
appearance. It hath been already noticed, 
that at this time it was alleged, some of the 
army, under the mask of these honest 
people, had been put upon this work; but 
I can find no presbyterians engaged in those 
attacks. The last and greatest clog put 
upon the indemnity is, the bond of peace, 
with a clause of nonresistance in it, which 

Kilpatrick-durham, Patrick IVI'Naughtin Cum- 
nock, John M'Naught his son, Gordon of 

Holm younger, Dempster of Carridow, 

■ ■ of Dargoner, of Sundiwall, 

Ramsay in the Mains of Arnistoun, John 
Hutchison in Newbottle, Patrick Liston iu 
Calder, William Liston his son, James Wil- 
kie in the Mains of Cliftonhall, the laird of Cald- 
well, the good-man of Caldwell, younger, the 
laird of Kersland younger, the laird of Bedland- 

Cuningham, Porterfield of Quarrelton, 

Alexander Porterfield his brother, Lockhart 

of Wicketshaw, Mr Trail, son to Mr 

Robert Trail, sometime chaplain to Scotstarbet, 
David Poe in Pokelly, Mr Gabriel Semple, John 
Semple, Mr John Guthrie, Mr John Welsh, 
Mr Samuel Arnot, Mr James Smith, Mr Alex- 
ander Pedden, Mr Orr, Mr William Veitch, 

Mr Paton preacher, Mr Crooksbanks, 

Mr Gabriel Maxwell, Mr John Carstairs, Mr 
James Mitchell, Mr William Forsyth, and of 
all others who are forfeited, and who are under 
process of forfeiture : as also excepting all such 
who, since the late rebellion, have been accessory 
to the robbing of ministers' houses, and commit- 
ting violences upon the persons of ministers, and 
who shall be processed for the same, and found 
guilty thereof, betwixt and the first day of 
December next ensuing ; but with this express 
condition always, that this pardon shall only 
extend to such who, betwixt and the first day of 
Jarmary next, shall make their appearance 
before such as are authorized for that effect, and 
shall give bond and security for keeping the pub- 
lic peace of our kingdom ; and that such of 
them as shall give their oath that they caiinot 
find se('urity and caution, give their own bond 
for that purpose. And this our royal favour 
and grace, we appoint to be published at the 
market-cross of Edinburgh, and other royal 
burghs of these shires. Given at our court at 
Whitehall, the first day of October, one thou- 
sand six hundred and sixty-seven, and of our 
reign the nineteenth yeai'. 




reiulered it almost useless to any who had 
been at Pentland; aild very few of them, 
as far as I hear of, took it. However, this 
pardon, such as it was, tended to the quiet 
of the country, and joined with the dis- 
banding of the army, which was by far the 
more merciful and gracious act, gave a 
little breathing to the presbyterians in the 
west and south. Jointly with this indemnity 
the council publish their act of the same 
date, containing the names of the persons 
appointed by them in the different shires, to 
take subscriptions from such as claimed 
benefit by this indemnity, and annex the 
copy of the bonds, with caution and without 
it, required of them ; which the reader will 
find below,* and order all the prisoners at 

* Council's act aneiit the iniIemnU>/, ivilh the bond 
of peace, October 9lh, 1G67. 
The lords of his majesty's privy council, in 
pursuance of liis majesty's gracious pleasure, 
contained in his royal proclamation above-men- 
tioned, do give power, warrant, and commission 
to the persons following, within the several 
bounds and jurisdictions under-written, viz.:— 
to the lord Lee, the lairds of Kaploch, Corhouse, 
Cambusnethan, Sir John Whiteford and Mr 
John Hamilton of Raitli, sheritf-depute for the 
sheriffdom of Lanark, the master of Cochran, 
Sir John Cochran, the Lord Stair, Sir Thomas 
Wallace of Craigie, Mr John Cunningham 
advocate, Mr .Tames Cunningham sherifl-depute 
of Ayr, Mr Hugh Montgomery sheriti'-depute 
of Renfrew, and William Cunningham late 
provost of Ayr, for the sheriffdoms of Ayr and 
Renfrew ; the master of Herries, the sheriff of 

Galloway, the laird of Baldoon, Maxwell 

of Munshes, and Maxwell of Woodhead, 

for the sheriffdom of Wigton and stewartry of 
Kirkcudbright ; James Crichton of St Leon- 
ard's, the lairds of Craigdarroch and Wester-raw 

Douglas of Mousehill, and Canuthers 

of Ilowmains, for the sheritt'dom of Dumfries, 
and stewartry of Annandale, or any two of 
them for ilk shire and stewartry above specified, 
and to the lords of session, or any two of them, 
for all the other bounds and shires of the king- 
dom, to meet and convene at the head burghs of 
the respective shires and stewartries, and the 
lords of session to meet at Edinburgh, upon the 
twenty-second and twenty-ninth of October 
instant, and the first and last Tuesdays of both 
the months of November and December there- 
after, and there to receive bonds for keeping of 
the peace, from all such persons as have been 
accessory to the late insurrection, and are now 
to have the benefit of bis majesty's pardon, in 
maimer contained in his majesty's proclamation, 
that is to say, bond and caution from all such as 
are able to find caution, and that under such 
pains as the said commissioners, or respective 
quorums thereof, shall appoint : and for such as 
shall make faith, that they ai-e not able to find 
caution, that they accept from theui their own 
bonds, conform to the tenor of the bond hereunto 
subjoined : and upon the said persons subscribing 

Edinburgh, to be dismissed upon 
signing the bond. 

That same day, the council agi'ee upon 
the bond of peace to be signed by noblemen, 
gentlemen, heritors, and feuars, for them- 
selves, tenants, and servants, and make an 
act thereanent, which I have insert be- 

of the said bonds, that the said commissioners 
give a testificate under their hands, bearing that 
they have signed the same, and are thereby to 
have the benefit of his majesty's pardon, con- 
tained in the foresaid proclamation : and ordain 
all such bonds as shall be subscribed by the said 
persons to bereturnedby the said commissioners 
to the clerk of his majesty's council, that they 
may be insert and registrate in the books thereof, 
betwixt and the fifteenth day of January next. 
And ordain these presents, with the said procla- 
mation and bonds under-written, to be printed, 
and published by macers or messengers of arms, 
at the market-cross of Edinburgh, and at the 
market-crosses of Lanark, Ayr, liuufrew, Wig- 
ton, stewartry of Kirkcudbright, Dumfries, 
and other places needful, that none pretend 

Pet. Wedderburn, cl. seer. concUii. 

Follows the tenor of the bond to be subscribed by 
such of the rebels as are able to find caution. 
I, A. B. bind and oblige me that I shall 
keep the public peace, and that I shall not rise 
in arms against, or without his majesty's 
authority, under all highest pains that may 
follow, in case I shall do any thing in the 
contrary : and for further surety, C. D. doth 
bind and oblige himself as cautioner for me, 
for my keeping of the peace, and performance 
of the obligement foresaid, under the paiu of 
to be paid in case I contra- 
vene the same, Likeas, in the case foresaid, the 
said C. D. my cautioner, binds and obliges him, 
his heirs and successors, to pay the foresaid sum 
to the commissioners of his majesty's treasury, 
treasurer, or treasurer-depute, that shall happen 
to be for the time, for his majesty's use. And 
I the said A. E. bind and oblige me, my heirs 
and successors, to relieve my cautioner of the 
premises, and of all damage he shall happen to 
sustain therethrough, in any sort : consenting 
these presents be registrate in the books of 
privy-council, that all execution necessary may 
pass hereupon, in formaseffeirs : and constitute 
our procurators. la 
witness whereof, written by 

we have subscribed these presents, 

Follows the bond to be subscribed by such as are 
nut able tojmd caution. 
I, A. B. bind and oblige me, that I shall 
keep the public peace, and that I shall not rise 
in arms against, or without his majesty's 
authority, under all highest pains that may 
follow, in case I shall do any thing in the con- 
trary : consenting these presents be registrate in 
the books of privy council, that all execution 
necessary may pass hereupon, in form as eft'eirs: 
and constitute my 

procurators. In witness whereof, written by 
I have subscribed these 
presents, at 




low,* aud from it I shall set down 
* here the tenor of tlus bond, which 
at this juncture was very much pressed on 
the west aud south country, as it stands in 
the register it runs : — " I, A. B. do engage, 
bind, aud oblige myself to keep the public 
peace, under the pain of a year's rent of all 
aud w hatsomever lands and heritages per- 
tain to me, to be paid in ca^ie I contravene ; 
and also I bind and oblige me, that these 
Avho are, or at any time hereafter shall be 
my men, tenants, and servants, during the 
time they shall be men, tenants, and ser- 
vants to me, shall keep the public peace, 
under the pains respective aftermentioned, 
to be paid toties quoties, if they, or any of 
them shall do in the contrar ; that is to say, 
of the payment of the fuU value of a year's 
duty, payable to me for the time by the 
tenant or tenants that shall happen to 
contravene; and for ray servants, in case 
any of them shall contravene ; the fidl value 
of a year's fee. Which siuns foresaid, I 
bind and oblige me, my heirs, executors 
and successors, in the case foresaid, to pay 
the commissioners of the treasmy, treasurer, 
or treasiu'er-depute, Avho shall happen to be 
for the time, for his majesty's use : and 

* Councirs act about the bond. 
The lords of his majesty's privy council, in 
pursuance of his majesty's commands for secur- 
ing the peace of the kingdom, have nominated 
and appointed the earls of Eglinton, Dumfries, 
and Loudon, the lords Cochran, Ross, and Stair, 
for the shires of Ayr and Renfrew; the lord 
duke Hamilton, the Marquis of Douglas, the 
earls of Linlithgow and Wigton, and the lord 
Lee, for the shir of Lanark; the earls of Lin- 
lithgow, Annandale, Galloway, and the lord 
Drumlanrig for the shire of Wigton, and 
stewartry of Kirkcudbright, as also for the 
shire of Dumfries and stewartry of Annandale, 
^vith power to them, or any two of them, for 
the said shires and stewariries, to appoint the 
liaill noblemen, gentlemen, heritors, and feuars, 
of the said I'espective shires and stewartries, to 
meet at the head burgh of the shire or stewartry 
upon the days following, viz. — the shire of Ayr 
and Renfrew upon the last of this instant, the 
shire of Lanark upon the 24th instant, and the 
shire of Wigton and stewartry of Kirkcudbright, 
shire of Dumfries and stewartry of Annandale, 
upon the 7th of November next, and thereafter 
to appoint their own diets, and there to offer to 
them a bond agreed upon by the council, and 
herewith sent subscribed by their clerk, to he 
subscribed by them, for themselves, their ten- 
ants and servants, for keeping the peace, under 
the penalty therein contained ; and grant power 
to all such noblemen, heritors, an<l feuars of 
the said respective shires and stewartries, who 

consent thlr presents be registrate in the 
books of privy council." — I have before me 
a good many other copies of the bond of 
peace at this time pressed, which all agree, 
and are only a little shorter than this taken 
from the registers. And though the above 
di-aught is that which Avas imposed by 
authority, yet having ground to think that 
what follows was the shape in which it was 
offered up and dowTi the country, I have 
likewise added it: — " I, A. B. do bind and 
oblige me, to keep the public peace, and if 
I fail, that I shall pay a year's rent: like- 
Avise, that my tenants and men-servants 
shall keep the public peace, and in case they 
fail, I obhge myself to pay for every tenant 
his year's rent, and for every servant his 
year's fee. And for the more secm'ity I am 
content tliir presents be registrate in the 
books of council." 

This short bond was framed, as were most 
of the public papers of this time, so as it 
became matter of wann debates amongst 
conscientious and religious people, who 
feared an oath, and, Avhich are next to it, 
bonds and subscriptions. The words were 
so general, as, at lirst \\c\\, they seemed to 
contain nothing contrary to the principles of 

shall subscribe the same, to require their respec- 
tive men, tenants, and servants, to subscribe a 
bond for their keeping the peace, and relieving 
them of their engagements. And for the said 
noblemen, gentlemen, heritors, and feuars fore- 
said, their encouragement to engage, as said is, 
the said lords grant them full power and war- 
rant, in case their said tenants refuse to bind 
for their relief, to disarm them ; and if they 
have no tacks or rentals, to remove them from 
their possessions ; and if they have standing 
tacks or rentals for years yet to run, give warrant 
to the clerk of council upon their desire, to grant 
letters to charge them to find the said caution ; 
and if they continue disobedient, ordain them to 
be denounced rebels, and put to the horn ; upon 
which denunciation the lords declare, that the 
said noblemen, gentlemen, heritors, or feuars, 
their masters shall have the gift of their single 
or liferent-escheat gratis, in so far as may be 
extended to the rooms and possessions belonging 
to them ; and ordain the said commissioners to 
return the said bonds to the clerk of council, to 
be by him registrate in the books thereof, 
betwixt and the 15th day of January next : as 
likewise the said lords give warrant to the said 
commissioners to declare to such noblemen, 
gentlemen, heritors, and feuars, as shall give 
bond, as said is, that they shall not be pressed to 
take the declaration, unless they be admitted to 
places of ])ublic trust, conform to the late act of 
parliament made thereanent. The copy of the 
bond follows, see the body of the history. 




a pre.sbyterian, and those who desired to 
stand firm to the hind's covenants: yet, 
they were so ambiguous, as it might be 
affii-med by the judge who tendered this 
bond, that the subscriber did homologate 
the present government, both in church and 
state, so it became matter of dispute and 
controversy among' these who were opposite 
to tlie bishops and tlieir ways. To obviate 
this ambiguity, an expedient was oflfered by 
sozne, of a declaration of the subscriber's 
sense and meaning, mth a consent of the 
imposers to it; and a protestation taken 
against the supposed unlawful meaning of 
the words in the bond, and all done by ^^'ay 
of instrument, in the hands of a public 
notar, before witnesses. A copy of one of 
these instruments, taken, or designed to be 
taken, December 30th, 1667, for the paper 
is only a double, I have insert below.* 

* Instrument taken at subscrihhig the bond, 

December 30t/i, 1667. 

Apud pemiltimo die mensis Decerabris, 

Anno Dom. inillesimo sexcentesimo sexage- 

slmo septiino, I'egnique S. D. N. Regis anno 


The whilk day, in presence of me notar 
public undersubscribing, and witnesses after- 
iiained being called, compeared person- 

ally before and two of the 

commissioners for the sheriffdom of 
appointed by the lords of his majesty's privy 
council, for receiving of the bonds for keeping 
the peace, according to the act of council, dated 
the 9th day of October last bypast, and there the 
said declared that and he were come 

to to tender the bonds for keeping the 

peace to the persons therein concerned, and 
therefore required the said to subscribe the 

said bond, to which the said answered, 

That he was most willing to evidence his respect 
to authority, and to justify his loyalty to his 
majesty upon every occasion, but declared, 
though the expressions in the said bond of keep- 
ing the public peace, and not rising in arms 
against, or without his majesty's authority, 
being considered in themselves, seemed to import 
nothing in the plain and genuine sense of the 
words, but what is the incumbent duty of a 
good subject, under a lawful and well governing 
magistrate ; that yet he feared that bond, as it is 
circumstantiate with time, place, persons, and 
other circumstances, was intended for obliging 
the subject, to approve of, and submit unto 
prelatical government, and to give obedience 
unto all acts made, or to be made in favours 
thereof, and to prelimit and restrict from acting 
or doing any thing for extirpation of the same, 
contrary to that sacred indissoluble standing 
bond, the " solemn league and covenant," and 
second article thereof; and if the said bond, 
considered either in the substance or circum- 
stances, could bear such a sense, or be any ways 
interpret to import any such thing, he held it 

Whether this method was fallen into 


by many, or accepted by the persons 
appointed to take subscriptions, I cannot 
say. By the clause about nonresistance in 
this copy, it seems to relate to some con- 
cerned in Pentland. 

Many papers pro and cow, auent those 
bonds of peace, were handed about at this 
time. The hinge of the debates lies in the 
import of keeping the public peace, and the 
nonresisting clause in the printed bond, 
annexed to the council's act above referred 
to, which indeed defeat the pretended 
design to these persons, and probably was 
cast in by the prelates and their friends, as 
knowing it would render the pardon very 
much precarious. The question then was 
plainly stated thus. Whether he who en- 
gageth to keep the public peace, engageth to 
do nothing which may disturb or alter the 

to be most sinful and perfidious, and utterly to 
be refused : and also declared, that he likewise 
feared that the said bond was contrived for 
subverting and taking away all innocent self- 
defence, and giving unlimited and arbitrary 
obedience to persons in authority; and that such 
sense would be put thereupon, as should ener- 
vate and overturn former bonds and engage- 
ments, and tend to the prejudice of religion, 
liberties of the subject, and true peace of the 
kingdom, tind if so, the taking of the said bond 
would be most sinful and unlawful, and therefore 
he could not in conscience subscribe the same. 
Whereunto the said replied, that the 

said bond, neither as to the occasion, import, or 
intent of it, did oblige to the approving of the 
present establishment of episcopal government, 
or giving obedience to the acts made in favours 
thereof, nor did it relate to ecclesiastical affairs, 
nor was it any waj's contrary to former public 
lawful bonds and engagements, nor inconsistent 
with the covenant, nor did it condemn innocent 
self-defence, nor imply any thing contrary to 
the ■word of God, but only and simply obligeth 
to that which is the duty and allegiance of every 
good subject, and becometh every good Chris- 
tian ; and that in taking of the said bond, there 
was no ground for any of these fears mentioned 
by the said unto which the said 

answered, that since the said bond, according 
to liis judgment, did not imply nor infer in the 
plain and common sense of the words, any thing 
but what is the duty of every good and faithful 
subject, under a lawful and well-governing 
magistrate ; and seeing that the said 
as one authorized with commission from the 
council, had removed the grounds of his scruples 
and fears, by giving the explication and declara^ 
tion before expressed, thereby removing from 
the said bond every sense, which could render 
the same any ways inconsonant to the word of 
God, or inconsistent with the covenant, but 
making it very agreeable to both, he declared 
himself willing to sign and subscribe the said 



[book II. 

i.-("7 P'"*^^'""*' ^'i"'* ^^ which the public 
peace plainly refers ? Or, Whether 
the subscriber only binds himself to the duties 
of righteousness commanded by the moral 
law ? It was said upon the one hand, that 
no more was in keeping the public peace, 
but what we are antecedently bound unto 
by the second table of the law : and, on the 
other, it was lu-ged, that when two persons 
enter into a solemn treaty with each other, 
they are bound, not only to all moral duties, 
antecedently lying ujion them, but even to 
every particular in the treaty, and are to 
keep by it, even though it be to their own 
hurt, according to all articles and clauses in 
it. The other branch of the debate anent 
rising in arms, and resisting tyrants, or 
subjects endeavouring to have imjust and 
unrighteous laws repealed by anns, when 
precluded of all other methods of redress, 
both which had been done in Scotland more 
than once, landed in long and nice reason- 
ings. People did divide in their judgments 
and practices, as fi-equently happens in 
dubious and debatable cases. Some took 
it, and others refused it, under different 
views of the extent, import, and meaning of 
the words. Yet, for any thing I can learn, 
there followed no alienation of affection 
among presbyterians, but the greatest har- 
mony was kept up. It was good that this 
ti-ial did not last long; but our managers 
within a little laid it aside. 

Sir George Mackenzie, and the Jacobites 
at this day, aggravate the wilfulness of those 
who refased this bond of peace, from the 
consideration of the general nature of the 
temis in Avhich it was conceived, affirming, 

bond, as so signed and explained, protesting that 
it should no ways be interpret to imply or infer 
any thing but what is incumbent duty for him, 
according to the ^vord of God, and solemn 
league and covenant : after repeating thereof to 
the said again and again, he subscribed 

the said bond, calling God to witness, and the 
persons after-named, that he subscribed the same 
in the plain safe sense thereof, declared by him, 
and acknowledged by the said in man- 

ner before-rehearsed. Upon all and sundry the 
liaill premises, the said asked and 

required instruments in the hands of me notar 
public. I'hese things w^ere spoken and done 
day, month, year, and place, respectively above- 
specified, in presence of M. and R. witnesses, 
specially called and required to the premises. 

that there was no iTiore demanded thereby, 
than the ordinary surety of lawboiTows; 
and that seeing any private man may force 
his neighbour to give him such surety, much 
more might the king, who had reason to be 
jealous of their breaking the peace, from 
their late rising at Pentland. A few con- 
siderations wiU abundantly show the insuffi- 
ciency of this reasoning. The more general 
the terms were, the more ensnaring was the 
bond ; because, when the managers of these 
times had a mind to be at a man, they could 
easily, upon the least shadow of an offence, 
bring him within so wide a uoose. The 
oath of the test was conceived in very gene- 
ral terms ; yet, as we shall see afterward, 
when the earl of Argyle, at taking of it, 
restricted its generality, by declaring he did 
not mean to bind up himself (not) to wish or 
endeavoiu" any alteration he thought to the 
advantage of church or state : he was here- 
upon sentenced to lose his head. The very 
same risk did every man run at this time, 
who subscribed the bond to keep the peace, 
in case he had any such meaning, Mhich it is 
certain every conscientious man would have. 
The instance of lawborrows by private men, 
does not hit this case ; for, if any neighbour 
oblige me to find siu-ety to him, I can oblige 
him, on the other hand, to find siu-ety to 
me : but in this case, when imlimitcd sub- 
jection was enacted by law, it had been high 
treason to demand any such thing of the 
king. In short, how much soever the late 
rising at Pentland may be supposed to give 
the king ground to be jealous that they 
would break the peace ; it is as plain that 
the government's former conduct to presby- 
terians, gave them better ground to be jea- 
lous, that it would give them the greater 
provocation so to do. 

That same day, October Gth, the council 
form and agree to two acts. The one was 
printed, taking off the restraint put u])on 
persons in the western shires, as to carrying 
arms, by the proclamation dated March 'i5th 
last ; and allowing such who take the oath 
of allegiance, subscribe the declaration, or 
have earned aims for the king against the 
late rebels, as full and free liberty as any 
other subjects, to have and cairy arms : 
declaring alwavs that nothing in this dero- 




gates in any ways from that part of the said 
proclamation for the defence of the persons, 
families, and goods of ministers. The other 
was of more general conseqncnce, and related 
to persous disobedient to ecclesiastical 
authority, which not being in print, I insert 
here from the registers. 

"The lords of his majesty's privy council 
heiug informed, that there are many profane 
persons, who are not only scandalous in 
their lives and conversations, but heiug 
cited before church meetings, to answer for 
the same, are coutumacious, and refuse to 
appear, after Lawful citation, to the great 
contempt of ecclesiastical authority, as now 
settled ; whereby open profanity is Uke to 
aboitnd and increase, and ecclesiastical gov- 
ernment and discipUue like to be weakened 
and suffer in the exercise thereof: therefore 
the lords of his majesty's privy council, give 
power and warrant to all magistrates and 
ministers of justice witliin this kingdom, 
upon intimation made by the bishops, within 
their respective dioceses, to apprehend such 
persons, and incarcerate them, until such 
time as they shall find sufficient caution to 
compear and answer before the church meet- 
ings authorized by law, as have cited them 
for such scandals, whereof they are, or shall 
be accused. With certification, that all 
such magistrates and ministers of justice, 
M'ho shall refuse to apprehend and incarce- 
rate, as said is, shall be answerable before 
the lords ofhis majesty's privy council, under 
all highest pains." 

This act •\\as improven by the bishops far 
beyond the letter of it, which seems to 
resti-ict it to such as are openly profane. 
And aU ^\ho, as they called it, were irregu- 
lar, and did not subject themselves to their 
authority and com-ts, when cited for their 
not keeping the chiu'ch, and the like, Avere 
harassed and imprisoned; while, in the 
meantime, papists and quakers, as we shall 
see, were scandalously overlooked. 

In November, the council agree to some 
regulations and orders to the standing forces, 
and record them, November 15th. They 
are frequently referred to afterwards, and 
are documents of the irregularities and 
depredations committed by the soldiers upon 

the coimtry; therefore 1 have annex- , „„^ 
ed them.* Those regulations were 
very little looked after by the makers of 
them, and, generally speaking, as little 

* Coiincil's orders to the arnii/, November 15, 16C7. 

1. The lords of liis majesty's privy council 
do ordain, that no trooper or soldier shall b« 
cashiered but by a council of war, and then 
the causes to be recorded. 

2. That no officer or soldier shall levy any 
money from any of the king's subjects, by quar- 
tering or otherwise, but by express order in 
writing from Sir William Bruce for the cess 
and lines, the commissioners of excise, and others 
authorized by acts of parliament, or convention 
of estates for the respective dues, and ordiiin the 
same be exacted orderly and regularly, as is 
presented by the act of the late convention. 

3. In c.ise any inferior officers, troopers or 
soldiers, shall be necessitate to take their enter- 
tainment upon trust, ordain the same to be done 
by direction of the chief officers present respec- 
tively, who are to engage to make satisfaction 
for the same, conform to the said act. 

4. If any disorder or abuse happen to be com- 
mitted by any hoi-seman or foot soldier, ordain the 
respective officers commanding in chief for the 
time in the place, to cause them make satisfaction 
for the same, or piuiish them according to justice, 
or otherwise he himself should be answerable. 

5. Ordain the officers of the several garrisons 
to correspond frequently one with another. 

C. Ordain the officers to correspond with the 
noblemen and gentlemen of the country, for 
getting sure information of what passes. 

7. Ordain the officers to take such care and 
keep such in their quarters, that they be not 

8. Ordain the chief officer of the foot in every 
garrison to look to the securing of it, by in- 
trencbments, barricadoes, and other necessaries 
w^ithout molesting the people therein, and to 
dispose of his posts and guards as he shall think 
fit. And within the garrisons, if the chief 
officer of foot be a captain, ordain him to com- 
mand both horse and foot, and give orders ; if 
he be a lieutenant or ensign, then the lieutenant- 
cornet or quarter-master of horse shall command 
and give the orders. 

9. When the horse and foot, or parties of them, 
are together in the fields or any place out of the 
garrison, ordain that he that commands the 
horse, if he be a lieutenant, cornet, or quarter- 
master, shall command a captain or other infe- 
rior officers, and a brigadier to command an 
ensign and all below him. 

10. Ordain that the chief field officers of the 
king's regiment of guards present, command in 
chief, and give orders in field and garrison, to 
horse and foot, wheresoever they are. 

11. Upon intelligence of any people risen in 
arms, ordain the horse and foot in the garrison 
next adjacent (as thereafter is specified) imme- 
diately to draw out into the fields, and then the 
chief officer present, in absence of the field officer 
of the regiment, is to order or to take with him 
such of the forces as he shall think fit, for sup- 
pressing of any insurrection, in manner follow- 



[BOOK 11. 


observed by the soldiers. That same 
day the council form an act con- 
cerning- the forces, horse and foot, in the 
shires of Lanark, Ayr, and Wigton, to pre- 
vent abuses; which I have likewise add^d.* 

12. If it shall fall out that any desperate peo- 
]>le rise in arras in the lower ward of Clydesdale, 
sheriffdom of Ayr and lienfrew, ordain, that 
he that commands the horse at Glasgow, imme- 
diately on notice thereof, to send a party of horse, 
or march himself with the whole horse lying in 
his own garrison, according as he shall see cause, 
to suppress them, by taking or killing such as 
he or they shall find in arms, without or against 
his majesty's authority. And in that case 
grants him power to command as many of the 
i'oot as he pleases, with competent forces to 
march with him; and if he judge it necessary, 
with power to him, to mount some or all of the 
musketeers on horseback, or dragoons to do all 
military actions, as he shall command ; and so 
by one or more parties, the haill horse and foot 
in his garrison, he is ordered to seek out these 
risen in arms, and attempt to defeat and destroy 
the same, without staying for any further force. 

13. As soon as he shall get any such informa- 
tion or alarm of people risen in arms, ordain him 
forthwith to acquaint the lord chancellor, or, in 
his absence, the lord convener of the council at 
Edinburgh, with the same, as also the officers 
of other garrisons. 

14. And if his information shall be, that the 
number of these risen in arms is greater than 
that under his command, ordain him to com- 
mand the horse and foot in the other garrisons 
to meet at a set time and place, whither he shall 
march with his own forces, or send them new 
orders after he shall attempt to defeat and de- 
stroy these risen in arms, as aforesaid. 

15. If there be such risings in the sheriffdom 
of Wigton and Dumfries, or stewartries belong- 
ing thereunto, ordain the commander of the 
horse at Dumfries, to do as is prescribed in the 
twelfth and thirteenth articles; and ordain that 
the chief officers within the other garrisons, who 
shall receive intelligence, give orders to all the 
horse and foot in the garrison, as he shall see 
cause, till further order from the council ; and 
in the upper ward of Clydesdale, ordain him that 
commands the horse in Lanark, to command 
and act in like manner. 

16. Ordain and command all officers to take 
exact notice of the premises, and in their several 
stations to do every thing else, that may conduce 
for the promoting of his majesty's service, with 
special care and discretion. Subscribed ut 

* Act of' Council about the Forces, November 15, 
Forasmuch as the standing forces of horse and 
foot are ordered to quarter in the shires of Lan- 
ark, Ayr, Dumfries, Wigton, and stewartries 
thereof, and certain other jylaces, till the council's 
further order, and that, for levying and exacting 
of money, or for entertainmentin their quarters, 
or for the prices of corn and straw, there may be 
abuses committed,which may occasion complaints 
and giievances : therefore, and for preventing 

But none of these were of any great use to 
relieve the coimtry from the abuses of the 

Upon taking- the bond of peace, by the 
council records I find several of the gentle- 
men confined in the year 1665, liberate; 
some upon a bond of cautionry, and some 
^vithout it. Upon the 21st of November, 
Sir Hugh Campbell of Cesnock, James Dim- 
lop of that ilk, and James Holbm-u of Men- 
stry, petition the council they may he liberate 
from their long imprisonment in the castle 
of Edinburgh, and beg their case may be 
recommended to his majesty. The council 
write a letter to Lauderdale, signifying they 
were made prisoners by the king's immediate 
order, and desiring the secretary may repre- 
sent their case, and that of others in prison, 
to the king. In December a return comes 
ordering them to be liberate, Cesnock giving 
bond and caution for keej)ing the peace, 
under a thousand poimds sterling, Menstry 
and Dunlop under twelve thousand merks 
Scots. The same day, I find the laird of 
Blackston liberate by the council's act fol- 

thereof, the lords of his majesty's privy council 
do ordain and command, that no officer nor sol- 
dier shall levy any money from any of the burghs 
or subjects, by quartering or otherwise, but by 
express order in writing, from Sir William 
Bruce, for the cess and fines, the commissioners 
of excise, and others authorized by acts of parlia- 
ment or convention of estates, for the respective 
dues; and ordain that the same be exacted orderly 
and regularly, as is subscribed by the act of the 
late convention ; and in case any inferior officer, 
troopers or soldiers, shall be necessitate to take 
their entertainment upon trust, ordain the same 
to be done by direction of the chief officers 
present, respectively, who are to engage to make 
satisfaction for the same, conform to the said 
act : and if any disorder or abuse happen to be 
committed by any horseman or foot-soldier, 
ordain the respective officers, commanding in 
chief for the time, in the place, to cause them 
make satisfaction for the same, or punish them 
according to justice, or otherwise he himself shall 
be answerable. And ordain the commissioners 
of excise to put prices upon all the corn and 
straw, at the ordinary and usual rates, as they 
are sold within the shire, upon payment whereof 
the sellers are only obliged to deliver the same to 
the soldiers buyers thereof, who are ordered to 
receive and carry the same from that place to 
their own quarters, without troubling the sellers 
therewith. And ordain the said commissioners 
to make intimation hereof, by affixing copies of 
the same upon the market- crosses of the several 
burghs and shires, and parish kirks thereof, that 
none pretend ignorance. 


OF THP: church of SCOTLAND. 


lowing. " Anent a petition presented by Max- 
wcl of Blackstoun, bearing', That by order of 
council, dated the 13th of December last, the 
})etitioner was conunitted prisoner to the tol- 
booth of Edinburgh, and by a posterior act 
transported to the castle, where he has ever 
since been detained prisoner; therefore hum- 
bly craving to be set at liberty : The lords of 
his majesty's privy council considering the 
foresaid, and that the petitioner is not ex- 
cepted out of the indemnity, and that there 
is neither sentence nor process of forfeitiu-e 
depending against him, give order to set 
him at liberty, he giving bond to keep the 
public peace, under the pain often thousand 
pounds Scots." And upon other applica- 
tions, I lind another letter from Lauderdale, 
January 22d, next year, ordering William 
Ralstoun of that ilk, and Robert Hall^et, to 
be set at liberty, upon their signing the 
bond of peace, Avith caution: and major- 
general Montgomery is to be set free, only 
upon his pai-ole of honour to keep the peace. 
The council's act anent him is but short. 
" Anent a petition presented by Robert 
Montgomery late major-general of his ma- 
jesty's army, 1G51, showing. That the peti- 
tioner having remained (excepting a little 
time) now by the space of two years and 
four months, with all silence and submission, 
in the castle of Stirling; and as, in the 
knowledge of his innocency, he is confident 
he hath failed nothing in his faithfulness 
and loyalty to his majesty, so he is most 
desirous to remove all suspicion of his car- 
riage for the future ; hxmibly therefore desir- 
ing that order and warrant majf be granted 
to the effect under«Titten : we the lords of 
his majesty's privy council having consid- 
ered the said petition, with his majesty's 
pleasure signified anent him, give wan-ant to 
the governor of the castle at Stirling, to set 
him at liberty; and ordain him immediately 
to repair to Edinburgh, and subscribe such 
bonds acted in the books of council, for 
keeping the public peace of the kingdom, as 
they have ordained." Here the council go 
some further than the king's pleasure signi- 
fied to them by his secretary. Meanwhile, 
some others of the gentlemen, formerly con- 
fined mthout any reason given, are kept 

under their confinements, such as 


Sir George Maxwel of Nether -pol- 
lock, Cuninghamhead, and Roivallan; and 
upon the 2(>th of November, this year, Sir 
James Stuart late provost of Edinburgh, and 
Sir John Chiesly, are, by the council's orders, 
sent from their confinement in the castle of 
Edinburgh, to the tolbooth of Dundee. 
And, upon December l-2th, I find Mr 
Alexander Smith, sometime preacher, ban- 
ished to Zetland by the commission for 
church affairs, is ordered to be brought to 
Leith, and presented before the council. 
And Mr Hugh Peebles, late minister at 
Lochwinnoch, in the shire of Renfrew, 
confined to the north for several years by 
the same commission, is allowed to go west 
to order his affairs, upon giving bond of a 
hmidi'ed pounds sterling, to answer the 
council when called. 

Little more considerable offers this year. 
In July the council had passed an act against 
papists, and recommended the execution cf 
it to the archbishops. By the registers 
there appears a plain slackness in the arch- 
bishops, in all acts made against papists; 
and many letters are Avrit to them upon 
every such occasion, before any return can 
be had, as has been remarked in the first 
book. Another instance I give here. In 
December, the council order the clerk to 
^\'rite the following letter directed to the 
two archbishops: 

" Most Reverend, 
" By an act of council of the penvilt of 
July last, it flas ordained, that a list of the 
haiU papists in every parish within the king- 
dom, should be made by the minister of 
each parish where they live, and be returned 
to the council before the second Thursday 
of this iustant, which is now elapsed: and 
finding that the care of the business, which 
is so important, is recommended to your 
grace, as to all parishes and bishoprics within 
your diocese, the council has recommended 
to me to give you notice hereof, that a 
speedy return may be made, that accordingly 
they may proceed to the execution of the 
acts of parliament made against papists; 
and, in order theieunto, what commands 




your fjrace shall think fit to send, 
shall be obeyed by 
" Your grace's most humble servant, 
" Pet. Wedderburn." 

The violence wherewith the two arch- 
bishops pushed on the persecution against 
presbyterians, is the more aggravated by 
their coldness in doing- any thing- which 
might be hard upon the papists : it may be 
a good reason also, and is an undoubted 
proof of the great hazard we were in of 
retiu-ning back to Rome ; yea, this and other 
steps, taken now and afterwards, paved the 
way for a papist's mounting the throne, and 
the desperate plot of destroying the whole 
reformation, so happily disappointed by the 
late happy revolution. 

Upon the 12th of December, the council 
emit a proclamation against the known book, 
entitled " Naphtali, or the Wrestlings of 
the chui'ch of Scotland." It is ordered to 
be burnt, and all copies of it are ordained 
to be brought in to the next magistrates, 
against the 1st of February next; and any 
who have copies after that, are to be fined 
in ten thousand pounds 8cots, The book 
was compiled by two very great men ; the 
reasoning part of it was done by one of the 
best lawyers of his time Mr (afterwards 
Sir) James Stuart of Goodtrees, whom Ave 
shall meet with frequently in the following 
periods ; and the historical part by a very 
worthy minister, the reverend INIr James 
Stii'ling, minister of the gospel at Paisley. 
An answer was published to it by bishop 
Honeyman ; but he evidently weakened the 
cause he undertook to defend, and was 
taken up, with great strength of reason, by 
the foresaid Mr Stuart, as were some other 
authors of his kidney, in that useful book 
Jus populi vindicatum. Thus I have gone 
through the sufferings immediately succeed- 
ing Pentland, and the state of things this 
year, till the indemnity stopped a little the 
persecution. In this calm, Mr Alexander 
Dunlop, and Mi- James Fergusson, t^vo 
eminent presbyterian ministers, died. 




It hath been said just now, that 
the presbyterians had a calm after 
the indemnity. This must only be under- 
stood comparatively with the rigour used 
immediately after Pentland, and the severi- 
ties of the army, and the many executions 
then so common. The same spirit of per- 
secution raged in the ecclesiastical state. 
Indeed the king's change of hands did not 
permit them to run their full length, as 
heretofore ; yet, now and then, diu-ing this 
and some others of the more easy years to 
the Whigs, some very sharp documents 
were given, that the same bitter temper 

Many were the occasions of the lenity of 
the present managers. Just clamours were 
i-aised from all the corners of the country, 
of the severities of Sir James Turner, Ban- 
nantyne, and the army, and it Mas popular 
to take a contrary course. The king had 
changed his cabinet-council in England, and 
laid aside some of the highfliers. The 
constancy and religion of the s-ufferers had 
left such impressions on some, that, I am 
told, the earl of Dumfries said openly in 
council, " that if they went on to take aA\ ay 
more lives, all Scotland would turn such 
fanatics as these people were." In short, 
the bishops more and more discovered their 
cruel and selfish temper, and were generally 
disUked ; and such who had public affairs 
among their hands, were neither so much 
under the prelates' management, nor so 
violent in their temper, as the fonner set. 
They believed an injury and act of injustice 
might be done against a Wliig as well as 
another subject, and did not altogether re- 
gulate themselves according to the maxim 
laid down now for near seven years, that 
nothing done against a presbj'terian could 
be wrong- ; yet presbyterians were far from 
being overlooked, and wanted not their 
difficulties, as shall be noticed. Yea, some 
were pleased to think, that the managers 
might have discovered their zeal against 




popery better, than by the boriii"- the tongue 
of a fellow of no good reputation indeed, 
for saying, what many now jealoused, (sus- 
pected) and every body afterwards saw, 
that the duke of York was a papist. This 
chapter then will naturally fall into two 
halves. The stop put to the severities in 
the former period, by some of the persecu- 
tors their being called to an account ; and 
the remaining sufierings of presbyterians, 
with tluiir state and circumstances dm-ing 
this yeai". I begin with 

Of the councirs inquiries _ . 

'7^</>-.i^»- ,r,i,i fiir William Bannantipie 

^ into Sir James 

Turner and Sir 
their cruelties and oppressions. 

In the beginning of this year, the council 
came to inquire into the carriage of Sir 
James Turner and Sir William Bannantyne ; 
and I shall give the account of their proce- 
dure mostly from the records. Had a joint 
inquiry been made into general Dalziel, Sir 
Mungo Murray, and others' procedure, as 
great, if not greater oppressions, might have 
been found. 

To deduce Sir James Turner's examinar 
tion from its rise last year, I find a letter 
from the king, November -iCth last, signify- 
ing to the council, " that he had received 
divers informations of many illegal execu- 
tions by Sir James Turner, during his com- 
mand in the west, and therefore he orders 
them to inquire into that matter, and 
report." That day the council appoint the 
lords Hallvertoun, register, advocate, justice- 
clerk, lord Cochran, lieutenant-general 
Drummond, and Sir Robert Murray, to try 
Sir James, and report to them. The report of 
this committee lands in a commission from 
the council, December 8th, " to the earl of 
Nidsdale, lord Eenmiu-e, the laird of Craig- 
darroch, and some others in the south, to 
make trial of the actions of Sir James Tm-- 
ner, what sums of money, bonds, moveables, 
and goods, were exacted, levied, and uplifted 
by him, or any imder his command ; what 
\\»s the soldiers' carriage in the said exac- 
tions, what free quarters Avere taken ; and 
his haill carriage in the shire of Dumfries, 

and stewartry of Ku-kcudbright, and ^ 
report." Before this connuittec, 
abundance of gentlemen and others appear- 
ed, gave in informations, and adduced wit- 
nesses, clearly proving a great many grievous 
and atrocious things against Sir James and 
those mider his command, which were so 
many evident vindications of that poor 
oppressed corner their rising in arms, and 
evidences of the necessity they were laid 
under so to do. Some of them have been 
pointed at, and particulars would be endless. 
As the best account I can give of this affair, 
I here insert a copy of the report given in 
to the council by their committee, as the 
issue they came to in this matter, February 
2()th, 1668, which they transmit to the king. 

Apud Edinburgh, vigesimo die mensis 

Februarii, 1668. 

Report anent Sir James Turner. 

" The committee appointed for trial of Sir 
James Txirner's carriage, having given in 
their Report, bearing. That, according to 
order, they having met upon the 28th of 
November last, drew up fit queries and 
instructions concerning it, and orders to 
some gentlemen in the west, to take informa- 
tion of all sums of money exacted by Sir 
James, or his order, for fines, cess, or 
otherwise, and of all his deportments : and 
to be sure of a speedy return, sent Thomas 
Bimtine with letters, and the orders above- 
mentioned, appointing him to attend the 
prosecution of them, and bring back the 
reports ; which accordingly he did, before 
the loth of January. 

" The committee did thereafter deliver 
to Sir James, a paper containing some 
grievances drawii out from the stewartry 
of Kirkcudbright only, those in the other 
shires not being so clear and full. They 
allowed Sir James to see aU the reports 
in the clerk's hancts, and enjoined him to 
give in his answers in writing, the 17th 
instant, which he did. And the com- 
mittee having read and considered all, and 
examined Sir James upon every point that 
occurred, after a fuU debate, agreed to 
offer to the council their humble opinion, 
that the council do, in obedience to his 
majesty's commands, transmit to the secre- 




tary the following report, to be 
communicated to his majesty. 

" The lords of his majesty's privy council 
did no sooner receive his command in his 
gracious letter, of the 21st of November 
last, for taking exact information of Sir 
James Tm'ner's deportment in the west, but 
they ordered and empowered a committee of 
their number to inquire diligently thereinto ; 
and by then- report it appears, that upon 
informations from the stewartry of Ku'kcud- 
bright, given in upon oath of parties, or theii* 
masters or neighbours, many illegal exac- 
tions have been made, and disorders com- 
mitted, such as, 

" Imo, Quartering of soldiers, for levying 
of fines and im2)ositions. 2do, Exacting 
cess, or quartering-money, for more soldiers 
than were actually present, sometimes for 
double the number, or more; and that 
besides free quarters for those present, 
sometimes eightpeuce, sometimes twelve- 
pence, sometimes sixteenpence, and some- 
times more for each man. Stio, Cess 
exacted for divers days, sometimes eight, 
ten, or more, before the party did actually 
appear. 4to, Luposing of fines, and quar- 
tering, before any previous citation, or 
hearing of parties. 3to, Fining without due 
information from ministers. 6to, Fining 
such as lived orderly, as appears by minis- 
ters' certificates. 7mo, Fining and cessing 
for causes, for which there are no waiTants 
from acts of parliament or council ; as, Imo, 
Baptizing of children by outed ministers. 
2do, Baptizing by ueighbom-ing ministers, 
when the parish cluu-ch was vacant. 3tio, 
Marrying by outed ministers. 4to, For 
keeping of conventicles. 8vo, Fining for 
A^hole j^ears preceding his coming to the 
country, and that after they had begun to 
live orderly. 9no, Fining fathers for their 
daughters baptizing their childi'en ^^•itkouted 
ministers, though forisfamiUate six months 
before, and living in another parish. lOmo, 
Fining, without proportioning the simi with 
the fault, llmo. Fining in whole parishes 
promiscuously, as well those that lived 
orderlj', as tliose that did not. 12mo, 
Fining whole parishes, where there was no 
incumbent minister. 13mo, Fining one that 
lay a year bedfast. 14rao, Forcing bonds 

fi-om the innocent. I3mo, Cessing people 
\A'ho were not fined. IGmo, Taking away 
cattle. All those actings are illegal. 

" Misdemeanors of other kinds were, 
17mo, Agreeing for fine and cess both in one 
sum, whereby accounts are confounded. 
ISmo, Not achnitting of complainers, who 
were cessed, to come to his presence, 
alleged to be his constant practice. 1 9mo, 
Permitting his servants to take money for 
admitting people to him, and yet access 
denied. 20mo, Increasing the immber of 
quartering soldiers after complaints. 2 1 mo, 
Exacting money for removing of soldiers, 
after cess and fines were paid. Every one 
of the foregoing articles was made out by" 
information upon oath, Avhich yet doth not 
amount to a legal proof; ^hich in most of 
those cases will be difficult, if not impossi- 
ble, to obtain, in regard that no \idtnesses 
can be had, that are not hable to exception, 
unless by examining officers, soldiers, and 
servants, which would take up much time 
and labour. 

" Sir James Tm-ner's defences, as to such 
of the foregoing articles as he acknowledged, 
are commission and insti'uctions from the 
then lord commissioner, for quartering, to 
raise fines, for fining those who forbore 
going to church, or married or baptized by 
outed ministers, or kept conventicles, and 
that upon the delations of credible persons, 
and to prefer them to those of ministers ; 
but he does affirm, that all the commissions 
and instructions were taken fi-om him by the 
rebels, « hen he was made prisoner, and so 
hath nothing to show for his vindication. 
And for all the other heads above-written, 
he either denies matter of fact, ascribes the 
transactions to others, or pleads ignorance. 

" The sums of money received for fines 
and cess, and bonds taken, he acknowledges 
to have amounted to thirty thousand pounds 
Scots. The sums charged upon him by the 
countiy, besides quartering, come to about 
thirty-eight thousand pounds Scots ; wherein 
is not reckoned what Mas exacted from any 
of those M'ho rose in rebellion, and some 
parishes whence no infonnation was re- 

" And as to his surprisal he says, Imo, 
He had but sixty-six foot in those parts 




under his command. 2do, That they were 
all dispersed throuoh the country ahout the 
lines, so that tlierc wiis not so many left 
with him as to keep gruard at his lodgiugfs, 
nay, not so much as one soldier before the 
gate. 3tio, That he had no order to keep 
a j>;uard about him, or to fortify himself, 
althoiiirh there be a strong' house within the 
town, called the Castle, to which he might 
have retired with some thirteen soldiers, 
mIio came in that night before he was taken. 
4 to. That he had intelligence, tliere was a 
rising in the country; and that a corporal of 
his ^^as wounded by a shot, who told him, 
there n ere divers persons got together, who 
had intelligence from the north of a rising 
there, with an intention to march to the 
citadel of Ajt, and to seize the citadel, and 
arms which had been taken from the coun- 
try. 5to, That about midnight he wrote to 
George Maxwel of Muushes. 6to, He sent 
orders to more of liLs soldiers to meet the 
next morning, intending towards New Gal- 
loway where the rising was reported to be. 
7mo, That he had risen about six of the 
clock that morning, but, being indisposed, 
lay down, and when up in his nightgown, 
about eight of the clock, he was smrounded 
and taken. 

" This is all that is to be expected from 
his majesty's information concerning Sir 
James Turner: as to what further concerns 
the money he intromitted with, it may be 
looked after according as his majesty shall 

" The lords of council having heard and 
considered the foresaid report, do approve 
thereof, and ordain an extract of the same 
to be transmitted to the secretary, to be 
communicated to his majesty." From this 
report we have a pretty fuU view of this 
matter; and when we consider this report 
comes only from the stewartry of Kii-kcud- 
bright, and some parishes in it, and takes in 
nothing of the oppressions which concern 
the persons who were actually in the rising, 
it ^^ill appear how vast sums were uplifted 
in the shires of Dumfries and Galloway. 

March 10th, the coimcil have a retiuTi 
from the king, wherein he tells them, he 
had considered the above report, and thinks 
fit to declare liis pleasure, that Sir James 


Turner be no more an officer in 
his service. He orders the coun- 
cil to call for him, and receive up his 
conunission, and to call Sir James, Sir 
William Ballenden, and others, to an 
account for the money and bonds uplifted 
by them for church tines, to the end, that 
what is unjustly taken, especially bonds, 
be given back, and what remains may be 
employed in charitable uses. The same day 
Sir James appears before the coimcil, and 
delivers up his commission to be a major, 
dated February 12th, IGG-t, and his other 
coimxiissiou to be a lieutenant-colonel, of 
the date July 28th, 1G66. And to give the 
whole of this account together, upon the 
7th of May, the committee of council 
appointed to examine Sir James's accounts 
of money and bonds uplifted for chmxh 
fines, gave it as their opinion, that seeing 
there woidd be difficulty to prove the 
charge, given in by the country, of thirty- 
eight thousand pounds, or thereby, against 
Sir James, the charge of thirty thousand 
pounds ingenuously confessed by him, be 
athnitted without finisher inquiry. And 
as to the fii-st article of his discharge, a 
thousand pounds sterling for quartcrin"-; 
they are of opinion it should be allowed, 
since it was usual in such cases. That 
the second article of his discharge, eight 
thousand one hundi-ed and fifty pounds 
Scots of bonds taken, and delivered in to 
Alexander Keith, be likewise allowed. That 
his third article of an hundred and fifty 
pounds sterling, as his charges, by his going 
and coming to Edinbm-gh, be allowed con- 
sidering his losses when made prisoner at 
Dumii-ies. His fom-th article, of forty 
pounds sterling given to some ministers, 
likewise allowed; and some other smaller 
articles, for shortness, here omitted: and his 
last article of six thousand merks taken 
from him when prisoner, the committee 
give it as their opinion, being persuaded of 
Sir James's ingenuity, that it be admitted. 
The council approves, and discharges ac- 
cordingly. It A^'iU be easily perceived, the 
coimcil and their committee do not go the 
length of summumjus with this gentleman. 
His defences are much the same before the 
king's council, with these he made to 





colonel Wallace's council of wai*. 
He in-g-ed liis ordere from the com- 
niissi<tner, and letters from bishop Sharp 
and other bishops : and if he Mas to be be- 
lieved in his own cause, his severities Avere 
not by far so great as his instructions bore 
him to. However, to stop the clamour of 
thecoimtry, it was thought proper to remove 
him from his posts, and many were of 
opinion, his commissions were so large as 
he ought not to have received them, 

I wish I could give as full an account of 
the inquiry made anent Sir \¥illiam Ballen- 
deu or Bannantyne's oppressions, and illegal 
exactions : but I find only one very general 
article anent him in the council registers, 
and I shall begin with it, and then give 
what I meet with concerning him in other 
papers come to my hands. In prosecution 
of the king's letter, dated March last, order- 
ing a trial to be made of his can'iage, he 
was imprisoned, and a committee appointed 
to examine his accounts; and upon the 
4th of August, the council come to pass the 
following act about him: — " The lords of 
council, considering the complaints given in 
against Sii* William Ballenden, and the an- 
swers given thereunto, do fine the said 
Sir William in the simi of two hundred 
pounds sterling, allowing to him a precept 
dra^ii by the lords of the treasury for one 
thousand three hundred merks which he 
answered: and in respect the said Sir 
WlUiam hath exhibited all the bonds and 
papers taken by him in Galloway, and given 
sufficient caution to remove oflf the kingdom 
betwixt and the first of September next, and 
not to return ^vithout special order, under 
the penalty of five hundred pounds sterling, 
do assoilie the said Sir William from all 
other pains and pmiishments that might 
have followed upon the said complaint." 

This sentence was reckoned exceeding 
soft and favourable to Sir William; far 
greater outrages had been laid in against 
him than against Sir James Turner. The 
gentlemen of Gallon ay gave in libels and 
very full proofs of his horrid extortions, fil- 
thiness, rapes, and cruelty. Some parts of 
his carriage have been noticed, and many 
more might be here added. He made great 
fires, and laid down men to roast before 

them, when they Mould not, or could not 
give him the money he required, or the 
informations he M'as seeking. It ^Yas fully 
proven, that among other barbarities, he 
was perfectly inhumane to a gentleman in 
Galloway. He is not named in this account 
now in mine eye ; but from what is above I 
guess it to be Gordon of Largmore. The 
gentleman had been at Pentland, and 
through his wounds there, and hardships 
before he got home, he fell very ill, and was 
at the point of death, M'hen Sir William 
orders him to be brought to him dead or 
alive. The party brought with them a 
cart, knowing the gentleman could neither 
ride nor M'alk, and tell him he must now go 
with them. He raised himself a little 
upon his bed and told them. He now defied 
Sir WiUiam and all his persecutoi-s, and 
forgave them, adding, that very shortly he 
would be in better company ; and then 
leaned do^vn again, and in a very few 
minutes died. 

These things coidd scarce prevail with 
many of the members of the council, to im- 
prison Sir William, until some of the 
gentlemen ofifered to prove some treasonable 
speeches against him, tending to incite them 
to a new rising, and that he professed him- 
self Milling to join M'ith them. The secret 
of this Me have already heard of; and it Mas 
the project of the party. Mho Mere for 
keeping up the standing army, but durst not 
now be om ned. Upon this he Mas impris- 
oned, and got this part of the libel shuffled 
by, by confessing some expressions tending 
this May, as uttered by him M'ith a design to 
expiscate the designs of the Wliigs: and 
shortly he is set at liberty, and the former 
fine imposed, and act of banishment passed 
against him. AMay he files to coiu-t, and 
there puts the best fiice he could upon 
matters, M-ith the help of his friends, M'hose 
interests he had served in Scotland: but 
his old masters could not prevail M'ith 
Lauderdale to remit the fine. It is said 
upon this he imdertook some M-icked design 
upon that nobleman's life ; but the particular 
vouchers of this I have not seen. It is 
certain he Mas obliged to leave the king's 
dominions. He Ment over to the anny uom- in 
the Low Countries, and served in the siege 




of (xj-ave, and was there killed. It is added, 
that as he was \valking very negligently with- 
in the reach of the cannon of the town, some 
called to him to take care of himself, for he 
Mas too near. He ans«'ered, " Cannons 
kill none but fey* folk." He had scarce 
said so, till a cannon ball came upon him, 
and carried out his heart some distance 
from his body ; which was sadly agreeable to 
a wicked imprecation too ordinary with him. 
This melancholy end of this vticked per- 
secutor, brings to ray mind a pretty remark- 
able judgment upon two of the same kidney, 
though far inferior to Sir William in wicked- 
ness or quality. David M'Bryar an heritor 
in the parish of Irongray, and member of 
jMiddletoii's parliament, who was to have 
witnessed some points of alleged treason, in 
his minister INIi- John Welsh his sermons, 
about the time of IMiddleton's parliament, 
and turned after that a violent pcrsecutor,was 
evidentlyfi'o wned upon in providence as to his 
business : his substance was sensibly blasted, 
and in a few years he fell into great difficul- 
ties ; so that being in hazard to be laid up 
for debt, he was obliged to skulk amongst 
his tenants, and hide the best way he might. 
About this time one John Gordon, a north 
country merchant, just such another as 
M'Bryar, came south to agent the business 
of a curate in that country, who had come 
from the north, Gordon, when at Dum- 
fries, had borrowed Mj* Chalmers, curate 
there, his sword, and Avhen travelling through 
Irongray, he met Mi" M'Bryar in the fields, 
looking very melancholy and dej ected. Gor- 
don presently concludes him to be a whig, 
and requires him to go with him, as a sus- 
pected person, to Dumfries. The other, 
after some shifting answers, refused, fearing 
only the prison for his debts. This shyness, 
without a reason given, made him the more 
jealoused (suspected) by Gordon, who draws 
his sword, and told him, he would force 
him to go with him. M'Bryar, either in 
resisting or running, is killed, being run 
through the body, and died on the spot. 
The other made no secret of his having 
killed a whig, to the people about. When 

* Fey, silly, deranged. — Hd. 

they saw the dead body, they knew 
Mr M'Bryar, and seize Gordon, 
and carry him into Dumfries, where pres- 
ently, by sentence, he is hanged, for murder- 
ing a man as honest as himself. This strange 
incident made the country people say, it 
Mas a cursed thing to harass the M'higs : 
and indeed a holy providence appeared in it, 
making one persecutor to cut oft' another. 

When the council have Sir James Tur- 
ner and Sir William Bannantyne before 
them, honest people began to hope they 
might be heard in their complaints, against 
some others who had illegally oppressed 
them. Therefore some persons in Ayr, 
particulai'ly bailie John Ferguson, and some 
others, gave in a charge against William 
Cuningham provost of that town, containing 
many acts of riot, injustice, and oppression, 
alleged to be committed by him. Cuning- 
ham makes his interest with the archbishop 
of Glasgow, and so comes into Edinburgh 
M'ith confidence enough, and not ill founded : 
for after his accuser had been at the charges 
of taking in forty witnesses and upwards, to 
prove his libel, and was just about to table 
it, he is told by some of the members of 
council, that unless he agreed with the 
provost, and di-opt this design, the declara- 
tion would be put to him. His throat not 
being wide enough to swallow this, he was 
obliged to M'ithdi-aw, and hold himself quiet. 
Great were the discontents that Bannan- 
tyne was so easily passed, and inquiries 
into the carriage of others thus were frau- 
dulently stopped. However, the notice 
taken of these two made presbyterians take 
a little heart, and sermons were some more 
frequent than formerly. But I go forward to 

Of the j)rocedure against presbyterians this 
year, the bond of peace, severities against 
outed ministe7-s,Mr3Iitchel's first attempt, 
and some other matters. 

Having thus given some account of the 
notice taken of some of the instruments of 
the severities against presbyterians the for- 
mer years, I come now to take a view how 
matters went with themselves through this 




year, and tliat as much in the order 

1668. -^.V.' , r 

of time as 1 can now recover. 1 

may begin with some further account of the 
bond of peace, and the circumstances of 
the sufferers as to that. When it was 
imposed in tlie close of the last year, the 
|)crsons required in several places, did not 
meet in order to the sig-nin"^ of it. I find 
particularly, December +th, the heritors, and 
feuai-s of the barony of Glasgow, did not con- 
vene; and the council appoint the ai'chbishop 
of Glasgow and marquis of Montrose, to see it 
done against the first of January. Upon the 
baclvAvardness of people to it, the council Avrite 
to the king, for his orders what to do now 
upon the running out of the time fixed in 
the indemnity, and anent the bond of peace. 
Upon the 16th of January, the king's letter 
anent the indemnity and bond, comes before 
til em ; which I insert here. 

" Right trusty, &c. 
" Having received full information of your 
care and diligence for providing of money, 
and disbanding the new troops, as also for 
appointing the bond to be signed for keep- 
ing the public peace ; we do return you our 
licarty thanks : and whereas we are informed, 
that divers do neglect or refuse to sign 
those bonds, in some of the shires, Ave do 
require you to send us a particular account, 
who have signed the bonds in the several 
shires where they were appointed, and who 
have neglected or refuse to sign ; and if any 
have neglected or forsloAved that necessary 
service: as also, who of those that were 
accessory to the late rebellion, have accepted 
our gracious pardon ; and in what places the 
same hath been slighted ; together with your 
free opinion what is further necessary to be 
done, in relation to security for the peace, 
and what course is fittest to be taken with 
these of the late rebels, who have slighted, 
and not accepted our gracious pardon : but 
above all, we most especially recommend 
to you to use all possible means and endeav- 
ours for preserving and settling the public 
peace under our authority, and with special 
care to countenance and maintain episcopal 
government, Avhich in all the kingdom we 
will most inviolably protect and defend. 
You must by all means restrain tbe gather- 

ings of the people to conventicles, which are 
indeed rendezvouses of rebellion ; and exe- 
cute the laws severely against the ringleaders 
of such faction and schism ; and return to us 
your very free advice, wherein you need our 
more particular commands for those ends. 
We did lately recommend to you, the order- 
ing of our troops and companies to such 
places as you should think most convenient, 
and we appointed Avho should command 
them, in absence of our chancellor : and 
noAV considering how needless a general is 
to so few troops, we do think it fit to inti- 
mate om* pleasure, tbat our commission to 
our general, in that our kingdom, and all 
other general officers, be recalled; being 
resolved to appoint general persons where 
we have an army. And in the mean time 
you are to give orders to the command- 
ers of our troops, as you shall find expe- 
dient for our service." — It took some time 
before the council could return an answer 
to all the particulars in this letter : so iq>on 
the 27th of February, I find they make the 
following return to Lauderdale, Avhich, as 
containing a very distinct account of the 
state of the country, anent the indemnity 
and bond of peace, I insert it here. 

Ajmd Edinbiirgum, 27mo jnensis Februarii 

" In obedience to his majesty's commands, 
a committee Avas appointed ; and by them 
order Avas given for bringing in an exact 
account of these Avho have signed the bonds 
for keeping the public peace, Avho have 
neglected the doing thereof, Avho of those 
in the late rebellion, have accepted of his 
majesty's gracious pardon, and Avho have 
shghted the same. By their i-eport it ap- 
pears, there are few or none of the consider- 
able heritors in the several shires, Avho 
were appointed to sign the bond, have not 
signed the same, except such Avho had for- 
merly taken the declaration, or Avhose con- 
stant residence AA-as not Avithin the shires, 
and did not apprehend themselves obliged 

" As to those accessory to the late rebel- 
lion in the shire of Lanark, one hundred 
and forty-seven have taken the benefit of 
his majesty's gracious pardon, and signed 




the boud lor their future deportment ; and 
one hundred have not. In the shire of Ayi", 
iifty-seven have taken the bond, and seventy- 
two have not. In the stewartry of Kirk- 
cudbright and Dumfries, foiu-teen have taken 
the boud, and one hundred and twenty-eight 
have not. 

" The whole number of those who have 
come in upon his majesty's gracious i)ardon, 
being two hundred and eighteen, and of 
those who have not embraced it as yet, 
three hundi-ed, who, for the most part, are 
very mean persons, as servants, subtenants, 
and craftsmen ; and the remanent who were 
in the said rebellion, were either killed in 
the field, or publicly executed, or ai'e since 
dead, or fled out of the kingdom. 

" As to the further securing of the peace 
and quiet of the kingdom, it is our humble 
opinion, Irao, That his majesty may be 
pleased to grant warrant for issuing a pro- 
clamation, discharging- all such who have 
not subscribed the said boud for keeping 
the public peace, to liave or wear any arms, 
sword, dirk, or w hinger, or any other vvhat- 
somev'.-r; or to have or keep any horses 
above the value of fifty pounds Scots, after a 
certain day to be affixed ; and that a power 
and warrant might be given and granted to 
all sheriffs, Stewarts, bailies of regalities, 
magistrates of burghs, justices of peace, and 
all magistrates whatsomever, to search f'n; 
and seize upon all arms in the possession of 
such persons and to exact ten pounds Scots, 
toties quoties of the haver or wearer of such 
arms, the one half to be given to the discov- 
erer, and the other half to be disposed 
upon by the judges, as they shall think fit. 
And further, that they be empowered to 
seize upon, and intromit with all horses 
M-hich shall be found in the possession of 
those persons, above the value of fifty 
pounds Scots, paying the said sums always 
to the party : and that also, by the said 
proclamation, it may be declared lawful for 
any person whatsomever, who knows of 
any horses ia such hands, above the said 
value, to seize thereupon, bringing always 
along with him, a magistrate of a burgh of 
landward, or any of the officers or messen- 
gers at arms, or any notar public Avith wit- 

nesses, and in tlieu" presence made 
payment of the sum of fifty pounds 
Scots ; and in case of resistance, complaint 
being made to any of the magistrates fore- 
said, that they cause the horse be delivered 
to the person who seized the same, with- 
out payment of any price therefore, and 
otherwise punish him in whose hands the 
horse was found, in his person, at their dis- 

2do, Because, through the absence of 
those persons who were appointed to take 
the bonds from the rebels, by reason of 
their sickness, or their being at Edinburgli 
attending lawsuits in the time of the term, 
the meetings for subscribing were not so 
timously, nor so punctually observed, and 
that many of the rebels themselves were 
fled the country, or lurking in obscure 
places, and so did not know of the several 
diets, before the time was elapsed, and that 
divers was come in since, and others may ; 
it is oiu" opinion, that all that have or do 
accept of the pardon, and sign the bond 
before the intimation of his majesty's further 
pleasure to the council, may be admitted 
thereunto, and that his majesty may be 
pleased to signify his pleasure accordingly. 

" 3tio, That his majesty may give Avarrant 
for a proclamation, Avherein the names of 
all such of the rebels, as shall not then have 
taken the bond, may be insert; and that 
magistrates, and others his majesty's judges, 
and officers in burghs and landn ard, may be 
commanded upon their allegiance and duty, 
to seize and apprehend them, and present 
their persons to justice ; and that all heri- 
tors, and others his majesty's subjects, may 
be discharged to harbour, reset, or keep any 
correspondence with them; with certifica- 
tion to such as shall fail herein, they shall 
be punished as aiders and abettors of rebels, 
and accessory to the rebellion. And if it 
shall be found that any of the rebels have, 
or shall have any reset, supply, or entertain- 
ment within the bounds of any of these 
heritors, Avho have not taken the bond for 
the peace, that every such heritor shall be 
pursued, and proceeded against, as guilty of 
the rebellion. 

" Against conventicles there are acts oS 



[BOOK 11. 

council, so many and so full, as 
■ nothing- can be added thereunto ; but 
the council will be careful to see them put 
to due execution ; and, by their act of the last 
of January, herewith sent, have taken order 
for rcmoA'al of all outed ministers, forth of 
the city of Edinburgh, and other prohibited 
places, and restraining- conventicles therein." 
— At the close, the council recommended 
it to Lauderdale the secretary, to lay all 
these things before the king. 

According to this desire of the council, 
they are permitted to receive persons upon 
the bond of peace; and it is made very 
much a rule of their procedure. In April, 
I find David Barclay prisoner in the castle 
of Edinburgh, for some concern, I suppose, 
in Pentland, upon his declining to sign the 
bond, is sent to the tolbooth of Montrose. 
In February this year, the banished minis- 
ters in Holland, sent over their sentiments 
of the bond, in warm terms, as a great 
defection, and a burying of all covenanted 
reformation-work; which wanted not its 
influence to hinder some to take it. Thomas 
Lennox, above condemned to die for Pent- 
land, is liberate in April, upon signing it. 
Andrew Robertson, prisoner on the same 
score, is allowed to transport himself to 
New England. In June, I find John Bryce 
niealmaker in Cambusnethan parish, Wil- 
liam Fergusson weaver in Lanark, William 
Adam smith in WiUiamstoun, prisoners. 
When brought before the council, they 
acknowledge their being at Pentland; and, 
upon their refusing the bond, they are ban- 
ished to Virginia : with certification, if they 
return, the pains of death Mill be inflicted. 
And I find a short work made by the coun- 
cil, in a general order, July 3Uth, that all 
who are in prison for the rebellion, and 
shall refuse the bond, are to be sent to the 
plantations; and thither not a few were 
sent this year. 

Agreeably to the proposal in the council's 
letters above, I find a proclamation pub- 
lished, May 9th, ordering all magistrates 
and officers of the standing forces, to seize 
and apprehend about a hundred persons, 
whose names are annexed to the proclama- 
tion, as having slighted the indemnity offered. 

The proclamation is added.* It seems to 
be in pursuance of this and other proclama- 
tions, that the council, June 25th, " order 
out letters against the lord Torphichen, and 
other heritors of West Calder, and others 
to be condescended on by my lord Haltonn, 
(thus it runs in the council records) to 
answer for harbouring John Gilchrist, James 
Nimmo, and Thomas Finlay, and not appre- 
hending them, and offering them to justice 
for their accession to the rebellion, 1666." 
This process was for some time in depend- 
ance,and brought no small trouble to several 
persons very innocent in this matter. 

By a letter, dated July 23d, the king 
leaves the council to do with those con- 
cerned in Pentland, as they see good. His 
words are these: " We now think fit to refer 
it to you, to take such course with aU in 
the rebellion, 166C, who are not particularly 
forfeited, as you think fittest for the peace 
of the kingdom, either by banishing them to 
the plantations, or admitting them to take 
the benefit of our pardon, as you think fit." 
But presses their ridding the kingdom of 
preachers at conventicles; which I shall 
just now have occasion to notice. Accord- 
ingly, upon the 4th of August, James 
Anderson, John Wright, and Robert Grier, 
are banished to Virginia, for being in the 
rebellion 1666. And in November, I find 
a good many concerned in Pentland, are, 
by the council, admitted to talie the bond ; 
and Robert Chalmers (who afterwards got 
a remission, if it be not another of the same 

* Frodamalion against rebels who have not ac— 
ceptcd the indemnitt/, May 9th, 1668. 

Charles, by the grace of God, king of Great 
Britain, France, and Ireland, defender of the 
faith ; to 

macers or messengers at arms, conjunctly and 
severally, and to all and sundry our lieges and 
subjects whom it effeirs, greeting: Forasmuch 
as we, by our act of indemnity and proclama- 
tion, of the date the ninth of October, one 
thousand six hundred and sixty-seven, were 
graciously pleased to make intimation of our 
tenderness and care, to reduce such of the late 
rebels as Avere seduced and misled, to their due 
obedience to our authority and laws, (excepting 
only such as were therein named) ])rovided 
always that they should appear betwixt and the 
lirst day of January last bypast, before such as 
were then authorised by the lords of our privy 
council, and give such bonds for keeping the 




name) William Miller, aiul William Mur- 
doch, are banished ; and John Denholm 
banished to Tangier, for resetting some of 
the former one night in his house. And 
William and James Welsh in Irongray, 
whose names are wrongously insert in the 
proclamation. May 9th last, compearing- 
before the council, and declaring- they wvre 
not at I'cntland, are allowed to purge them- 
selves, by signing the bond of peace, and 
dismissed. So much may serve for the 

public peace of the kingdom, as is therein ap- 
pointed. And yet notwithstanding of our gra- 
cious pleasure tiinously intimate, many of tlie 
said rebels continue yet so desperate and wicked, 
tliat they have refused, witliin the time limited, 
to make their appearance : whereby they have 
justly forfeited the benefit of our gracious oifer, 
and deserve to l)e proceeded against ■with all 
rigour, till they be brouglit to condign ])iniish- 
ment. Therefore, we, witli advice of tiiu lords 
of our privy council, command and require 
all sheriffs of slieriffdoms, stewards of stewart- 
ries, magistrates of royal burghs, bailies of 
regalities and baronies, and all others our minis- 
ters of justice, and officers of our standing forces, 
as they will be answerable to us ujiou their 
allegiance and duty, immediately after notice I 
hereof, to seize upon, and .apprehend the persons 
of the rebels underwritten, viz : — 

In Carsfaim parish. 
Nathanael Cannon in Formaton, 
James Macmitchel in Knockinreoch, 
John Macmillan in Strong-gashel, 
Hobert Macmillan in Kiltarseu, 
William RIacmillan in Bradinoch, 
James Mackilney in Polmidow, 
John Logan in Loch-head, 
John Crawford in Drumjoan, 
John Cunningham in Longford, 

Macadam in Waterhead, 

John Haimah there, 

George Macadam in Bow, 

John Macmillan younger in Brockloch, 

George Fergusson in Woodhead, 

David Cubbison in Moss, 

James Macadam in Knockgray, 

Alexander Macmillan in Bank, 

William Smith at Bridge of Geuch, 

John Wylie in Smiton, 

lloger Macolm in Netherliolm, 

Robert Macolm in Netherglen. 

In Dairy parish. 
David Cannon brother to Morgrie, 
Edward Crichton in Knocksting, 
James Fergusson in Trostan, 
Robert Crichton in Fingland, 
Andrew Crichton there, 
John Machutcheon in Clachan of Dairy, 
James Welsh his brother, 
John Welsh in Skeocli, 
Robert Wallat in Scar, 
Herbert Biggar son to Herbert Biggar of 

Thomas Smith son to James Smith of Drum- 


treatment this year, of those in the 

w • • t\. '6(ia 

late rising. Let rae now come 

forward to take some view of the severities 
used against conventicles, and the keepers 
of them this year. 

Field conventicles were at this time 
very rare ; but presbyterian ministers adven- 
tured to preach to large meetings in houses 
and barns, upon the repeated and impor- 
tunate calls of the people, ^ho had follen 
off from the incumbents, because of their 

Robert Sinclair son to Robert Sinclair in 

William Welsh in Ingliston, 
James Biggar in Margloby, 
John Currier in Newark, 
Robert Currier in Dalquhairn, 
David Currier in Ruchtree, 
Robert Colvin in Ingliston, 
Jo!m Hunter in Barncleugh, 
John Wallat in llolhill, 
John Welsh in Knachston, 
John Wright in Larbreck, 
John Whitehead in Chidden, 
James Macbirnie in Crobmor, 
John Wilson in Ti-aquair, 
Andrew Haining servant to John Neilson of 

John Gaw son to Robert Gaw in Airncrogoe. 

In the shire of Dumfries. 
John Kirko of Sundywell, 
James Callan glover in Dumfries, 
James Grier in Shankstell in Glencairn 

John Grierson in Auchinshine there, 
John Law there, 

William Harvey younger there, ^ 

George Wilson there, | 

John Gilkerson there, I 

James Aiton there, 
Thomas Robertson thei-e, 
Matthew Hamilton there, 
Thomas Brown there, 
•lohn and George Jacks there, 
Robert Rae there, 
Patrick IMurray there, 
Robert Davidson tliei-e. 

In the parisli of Lanark. 
John Wilson there, ] 

Thomas and James Hasties there, 
James Fisher thei-c. 

In the parish of Carluke. 
William Loch there, 
William Gilkerson there, 
William Frame there, 
Archibald, Robert, and Gabriel Forrests 

there, | 

Thomas Martin there, | 

John ScouUer there, ; 

James Armstrong there, i 

William King there, | 

John Gilkerson there, j 

Archibald Hart there, ' 

Robert Smith there, 
William Brown. 




share in the severities and oppres- 
sions of the former years. As yet, 
unless in some places, where circumstances 
forced to the open fields, it was rare to preach 
out of a house. I shall cast togfether here, 
what I find this year done anent conventi- 
cles, and such as frequented them, leaving 
tlie treatment of the ministers to the next 

May 7th, I find, the council having called, 

and convened hefore them, Miller of 

Waxford, for hcing- lately at a conventicle 
in the shire of Ayr, which he confessed, 
fine hira in three hundi'ed morks, to be 
paid picsently ; and they oblige him to give 
bond, under penalty of one thousand pounds 
Scots, that neither he nor his family, shall, 
in time coming, be present at conventicles. 
The three hundred merks are ordered to be 
given to Henderson a wounded soldier. 

The same day, the council being informed 
of several conventicles kept in several places, 
appoint any of their nimiber to give out 
warrants for seizing, apprehending, and 
committing to prison, all outed ministers, or 
othei's who shall keep conventicles, or other 
unlawful convocations and meetings, or to 
give warrant to a messenger to cite them to 
such diets of the council, as they think 
fit. To favour this design of suppressing 
these meetings for divine worship, by such 
as could not in conscience join with the 
curates, May 9th, instructions are given to 
the forces. " The earl of Linlithgow, com- 
mander-in-chief for the time, is allowed to 
change the quarters of the soldiers, as he 
finds meet. All the officers and soldiers 
are Aiarranted to seize upon and apprehend 
all outed ministers, who have kept conven- 
ticles, or preached at them, to dissipate all 
conventicles, and seize upon the minister, 
and such of the principal persons at the 
meeting, as they can catch, and carry them 
to the next prison, especially such as have 
v\'eapons. They are empowered to seize 
upon any they have a warrant from a privy 
counsellor to apprehend, either as rebels, or 
conventicle keejjers." In short, they are to 
observe the orders given November 15th, 
1667. Accordingly, upon the 4th of June, 
the council approve tlie following disposition 

of some of the troops : a company of foot to 
lie at Dumfj-ies ; a company of foot, with 
fifteen horse, at Strathaven in Clydesdale ; 
forty troopers at Kilsyth ; t>.vo companies of 
foot, and fifteen horse, at Glasgow ; a com- 
pany of foot at DalmcUington, and another 
at Cumnock in the shire of Ayr. 

Besides this parcelling out of the forces 
Avhere they were most afraid of conventicles, 
upon informations of the keeping of them, 
commissions are given out to examine 
who had been at them. So upon the same 
day the council grant warrant to two gentle- 
men, to make enquiry who were at the con- 
venticles in Fife, in the town of Anstruther, 
and at Largo : and upon this trial, July 
16th, council letters are directed out against 
foiu" persons in Largo and the neighbour- 
hood, for being present at them. 

At the desire of the prelates, who this 
year are mightilj'^ keen against conventicles, 
the king writes in the forecited letter, dated 
July 23d, after he hath remitted the rebels 
to the council's pleasiue, thus : " but we do 
specially recommend it to your care to rid 
the kingdom of such seditious preachers, or 
pretended ministers as have kept conven- 
ticles, or gathered people to the fields, since 
January last ; for we look on such as the 
greatest disturbers of the peace, and per- 
verters of the people." That they ^^ere so 
represented to his majesty I believe : but 
the king had not better subjects in the king- 
dom, and there was nothing but peaceable 
cai'riage at such meetings, and the gospel of 
peace purely and faithfully preached, and 
the king prayed for. Indeed the orders 
given above, to dissipate those meetings, 
obliged some to defend themselves when 
attacked, and the gospel preached to them ; 
but there were not many scuffles this way 
as yet. 

Another method, peculiar to towns, used 
at this time against conventicles, was, to 
oblige the magistrates of burghs, to give 
bond to the council to pay such a sum if a 
conventicle were held within their jurisdic- 
tion : and ordinarily they had their relief oft' 
the persons they should find out to have 
been at it. Accordingly the magistrates of 
Edinburgh, July 29th, give bond to the 




council to this effect ; which I have insert,* 
and for some time, 1 find yearly it is renewed 
hy every set of new magistrates. Notwith- 
standino- of all these efforts, conventicles 
grew on the prelates' hands, in a jiroportioii 
to their and their underlinj^s heing- disliked 
for their oppression and severities ; and the 
outed ministers wanted not their sufferings 
this year, which hrings me to give some 
taste of their treatment. Upon the last of 
.1 anuary, the council hy their act ordain the 
magistrates of Edinburgh, to execute the 
act and proclamation, dated November 
1G64, against the outed ministers; and to 
take special care that none be permitted to 
stay within their liberties, but such as have 
a license from the council, archbishop of St 
Andrews, or bishop of Edinburgh ; and 
requiring- them to take special notice, that 
there be no conventicles kept in the city, or 
liberties thereof. The hardships of this 
act have been noticed formerly. 

But to come to particular persons' suffer- 
ings, 1 may well begin with the reverend 
Ml- Michael Bruce. This worthy, useful, 
and affectionate preacher, had been some 
years ago forced out of Ireland, where his 
charge and relations were. Being a person 
of great boldness, and much love to souls, 
lie adventured to preach to great meetings 
in houses, and sometimes in the fields like- 
wise. He ventured into several places of 
the nation, where few other presbyterian 
ministers had preached to any numbers for 
some years. About the 2d or .3rd of June, 

• Bond by the toum of Edinburgh, against con- 
venticles, 'July 29th, 1668. 
We, Sir Andrew Ramsay of Abbotshall, lord 
provost of the city of Edinburgh, George Reid, 
John Fullarton, James Carrie, and John Lyon, 
bailies of the said city, Francis Kinloch dean of 
^Tiuild, and .Andrew Cheyn treasurer thereof, 
bind and oblige ourselves, conjunctly and seve- 
rally, that, during the time we are in trust 
and office, no person or persons who were in the 
rebellion 1666, or who are forfeited, or declared 
fugitives, shall at any time hereafter be lodged, 
harboured, or reset within the said city of 
Edinburgh, Canongate, Fotter-row, Pleasants, 
West-port, or Leith, under the pain of one 
hundred pounds sterling; and that none of the 
said rebels, who hereafter siiall be forfeited or 
declared fugitives, shall be harboured, or reset, 
or lodged within these said bounds, after they 
.shall be declared fugitive, as said is. under the 
[lain of one hundred pounds sterling : also, that 

captain G. Erskine in Stirling Cas- 
tle, having orders from some coun- 
sellors, apprehends Mr Bruce in his own 
hired house, not far distant. When, to his 
great surprise, he found the house beset 
with armed men, according to his usual 
coiu-age and briskness, he endeavoured to 
escape; but was sore Avoundcd by the sol- 
diers, and taken, and brouglit prisoner to 
the Castle of Stirling. No care was taken 
of his wounds, and he lost a vast deal of 
blood. Notice of this prize is sent into 
Edinburgh, and, June 4th, the council have 
this resolve about him. " The lords being 
informed, that Mr Michael Bruce, pretended 
minister, is apprehended, who for these seve- 
ral years bypast, has made it his work to 
abuse people, and in contempt of the laws, 
presumed to keep frequent conventicles, 
preach, baptize, and administrate the sacra- 
ments, without any lawful warrant, and 
made prisoner in Stirling Castle, they order 
him to be kept close prisoner, and no per- 
son have access but physicians and sur- 
geons." Further, they appoint the sheriff 
of Stirling, and one of the justice-deputes, 
to examine him, how it came, «'hen he was 
apprehended by authority, he assaulted, and 

dangerously wounded a soldier of 

the party, employed for that effect, and 

It was the 1 Sth of June before Mr Bruce 
was so far recovered, as he could be carried 
into Edinburgh ; and, when put in close 
prison there, the council order, that nobody 

none of the other rebels contained in the procla- 
mation, dated May 9th, 1668, concerning such 
as have not accepted his majesty's gracious in- 
demnity, shall be reset as foresaid, under the 
pains of fifty pounds stei'ling. As likewise, 
that no private meetings or conventicles, under 
pretence of, or for religious worship, shall be 
kept within the said city, or bounds foresaid, 
under the pain of fifty pounds sterling. Which 
penalties we bind and oblige ourselves, con- 
junctly and severally, to make payment of to 
the commissioners of his majesty's treasury, or 
treasurer-depute, as they shall happen to be for 
tlie time, to be by them disposed upon as they 
shall think fit ; providing that we shall only be 
liable to pay the said penalties, for such deeds of 
controvention as shall be committed during our 
office, for which we shall be pursued, and de- 
creets recovered against us, within year and 
day after the committing the offence. Consent- 
ing, &c. in common form. 




have access to speak with him, 
1G68. , • c • 

except in presence ot a pnvy coun- 
sellor, or one of the magistrates of Ediu- 
burjjfh. When he was examined in the tol- 
booth, he was most candid and free in his 
confession, refusing to answer nothing put 
to him. From this confession the king's 
advocate forms a libel against huu. As soon 
as he was able to come before the council, 
upon July 2d, he appears, and when his libel 
is read, he owned his preaching and baptiz- 
ing in houses and the fields, and defended 
his practice, as being' agreeable to the powers 
he had received from another and higher 
court. The sentence the council pass, is 
as follows. " The council find Mi* Michael 
Bruce guilty of sedition, faction, and dis- 
turbance of the peace of this kingdom^ and 
contravening the acts of parliament and 
council ; and therefore ordain the said Mr 
Michael Bruce to be banished and sent 
away out of his majesty's dominions of 
Scotland, England and Ireland, and to dis- 
charge him to return upon pain of death." 
His bond signed in the council registers is ; 
— " I Mr Michael Bruce bind, oblige, and 
enact myself in the books of privy council, 
that, in obedience to an act and sentence of 
banishment pronounced and given against 
me this day, I shall never return to any of 
his majesty's dominions in Scotland, Eng- 
land or Ireland, under pain of death to be 
inflicted without mercy, in case I shall 
happen to contravene : consenting thir pre- 
sents be registered in books of council ; and 
constitute Patrick Frazer advocate, my pro- 
curator. In -witness whereof, I have sub- 
scribed those presents, in presence of the 
lords of council, at Edinburgh, July Sd, 1668. 
" M. Bruce. 
« Rothes, Chanc. 1. P. D." 

When he is about to remove off the king- 
dom, the 1-ith of July a letter comes from 
the king to the council, signifying he was 
pleased with their procediu'e against Mr 
Bruce, and ordered him to be sent prisoner 
by sea to London, with the first conveniency: 
and, September 13th, he is ordered to be 
put into a ship going to London, W hether 
this Mas owing to an application from the 
bishops in Ireland, u ho had a particular 

spite against him, or to some other cause, I 
knoH' not. But when he came up to Lon- 
don, he was immediately sent to the Gate- 
house. After he had remained some time 
there, he was sentenced to go to Tangier in 
Africa. I have no distinct account whether 
he underwent any trial at London, or how 
his sentence came to be altered. It appears 
odd enough to overturn a sentence passed 
by the council of Scotland, or to judge a 
Scotsman, for crimes committed in Scot- 
land, at London, after the affair had been 
judged at home. I hear this good and 
pious man with great difficulty obtained a 
connivance, and retired to Ireland. 

This account hath run out already so far, 
that I must be brief on the sufferings of 
some other of the outed ministers this year. 
Mr Alexander Smith, we heard, was ordered 
to be brought from Zetland last year ; and 
being come to Burntisland, upon the 9th of 
July, the magistrates of Edinburgh are 
ordered by the council, to receive him, and 
commit him close prisoner in the tolbooth. 
Wliat his examination and deportment was 
there, I know not ; but July 23rd, I see him 
ordered to be transported to Orkney, and 
sheriff Blair in Orkney is appointed to 
receive him; and Mr Smith required to 
confine himself to the island of North Ron- 
aldshay. Mi* Andrew Morton minister at 
Carmunock was imprisoned about this time ; 
but I shall bring in all his sufferings after- 

The bishop of Murray having sent in an 
information to the council, against Mr 
Thomas Hogg minister at Kiltairn, Mi- 
Thomas Urquhart minister at , Mr 

John M'KiUigen minister at Alves, for 
preaching at their own houses, and keeping- 
conventicles in Murray : the council grant 
commission, July 30th, to the earl of Mur- 
ray and lord Duffiis, to apprehend and in- 
carcerate them in Forres, where they con- 
tinued some time, till the earl of Tweeddale 
procured an order to liberate them, upon 
giving bail to appear M'hen called. Some 
of their sufferings Mill come in afterwards 
at more length. 

Mr John Wilkie, sometime minister at 
Twynhara in the south, had come into 
Edinburgh for his health, and was scarce 




able to remove out of it, through age and 
infirmity. ToAvard the end of July he is 
imprisoned, and from prison first brought 
before a committee of the council, and next 
before the council, July 29th. What pas- 
sed at both I thought deserved a room 
in his o\\n plain and homely style, from 
an original, signed by him, in my hand, 
as ^^hat will give the reader a native view of 
the methods used with these good men, by 
the managers, and their ingenuous carriage.* 
They confine him to the town of Cupar 

• Mr John WUIde\^ examination before lite 
council, July 2Sl/i, 1668. 
I was interrogated by my lord advocate, 
What is your name, sir? I answered. My lord, 
my name is Mr John Wilkie. Q.. Where 
^vere you minister? A. In the parish of Twy- 
iiam, in the presbytery of Kirkcudbright. 
Q. What is your wife's name? A. Anna Rae, 
daughter to IVIr Adam Rae, minister at Haly- 
wood. Q. What countrywoman is she? A. 
A Nithsdale \voman. Q. How long since you 
came to Edinburgh? A. Two years bygone in 
April. Q. What brought you here ? ' A. To 
consult the doctors anent my health, with 
whom I have deen drugging and dressing ever 
since I came here. Q. But how could you 
come to Edinburgh, express contrary to the 
law, without liberty obtained? to w^hich I an- 
swered nothing, but waved the question, and 
cast in another discourse. My lord advocate 
asked me, if I knew -tvho shot the bishop? I 
answered I knew not, and did presently depone 
upon oath, that 1 neither shot him, nor knew 
who shot him. He asked me, if I knew any of 
these west country rebels, especially major 
Learmont, Barscob, Mardrogate, young Mur- 
rieff, Barmagachan, Mr John Welsh, Cornley. 
I answered, I know them all, for they were my 
old acquaintances. Then he asked, if I had 
seen them since the fight? I answered, I had 
seen them all ; for being my acquaintances, they 
came to visit me on my supposed deathbed. 
He asked, if I knew where Learmont did now 
quarter? A. I knew not at all. Q. Where 
Barmagachan is now ? A. I suppose he be not 
in Scotland. Q. Do you know the proper 
name of one that goes under the name of James 
Small ? A. I am not much acquaint •with the 
man; but seeing your lordship urgeth me, I 
think the business is not lanti as to conceal it, 
for ought I know his name is Mr James 
Rlitchell. Q. Is he a minister? A. I allege 
rot. Q,. What age is he of? A. I never in- 
quired. Q. What colour of hair hath he? 
A. It is hard to know, seeing ye all wear 
periwigs. Q. What colour is his periwig? 
A. I think it may be the colour of that (point- 
ing at Hugh Stevenson's, sub-clerk). Q. Do 
you keep conventicles? A. I am not able, by 
reason of sore and long continued sickness; but 
I use, when I have health, to exercise in my 
own family both Sabbath and week-day. Q,. 
What time take you on the Sabbath? A. Be- 
twixt sermons, beginning at half twelve, and 
continuing so long as I am able. Q. Admit 

in Angus, to which he was not able 


to travel, and so continued in prison 
some time. I find him, September 13th, 
petitioning the council, that his confinement 
may be altered to Moifat, and ten miles 
about for his health's sake. They grant 
his desire, and confine him as above, under 
the penalty of five himdred nierks : and, 
November 1 2th, when the use of the Avaters 
at Moffat are over, his confinement is altered 
from tliat to Musselburgh. 

Upon information given to the council 

you any to your family-exercise ? A. I invite 
none, I debar none. Q. It seems you are clear 
to admit any that come ? A. Yes, my lord, you 
should be welcome, and the archbishop of St. 
Andrews should not be debarred. Q. Good- 
sooth, Mr Wilkie, you would go four miles 
about, in that case, to visit a friend. A. No, 
my lord, I would find him within less than 
half a mile. Your lordship remembers of a 
story betwixt njy lord Scone, and an honest old 
minister, who alleged that in every text he found 
my lord Scone. Upon this 1 fell a little faint 
and weary with standing, aiid they caused set 
in a seat to me, where I sat and discoursed with 
them as follows : Q.. What I heard concerning 
him that shot the bishop ? A. My lord, for me 
to bring what clatters I hear before this honour- 
able court, ^vere not fair, neither can they bear 
any weight in judgment. Q. But, Mr Wilkie, 
tell us what you hear? A. My lord, seeing 
you urge me, I w^ill tell you what I hear. 
I. Some think it to be a Jesuitical prank. 2. 
Some think it to be out of private revenge, a 
gentleman in Orkney being wronged by his 
bishop. 3. Some say that it is some of the west 
country men. 4. Some allege that it is done by 
some of their own emissaries. The advocate 
being astonished, began to fain himself; Could 
any of themselves attempt the like against them- 
selves ? A. These who are of that judgment 
think that it is done to obstruct a greater good 
intended. The provost of Edinburgh, (I knew 
him not then) till I asked him if he was provost 
of Edinburgh, which he answered he was for 
want of a better, desired my lord advocate to 
urge me in that. What I meant by the obstruct- 
ing of a better work ? A. Your lordship, who 
sits upon these cabinet councils, knows better 
than I do. Q. But, Mr John, I pray you 
be free, and tell what it is? A. My lord, frae 
you will have me to tell you it, there were, and 
yet are great rumours that we who are old 
ministers should all have our mouths opened, 
and liberty to preach where we get a call. To 
which there was not one word replied. My 
lord advocate urged me again that I should admit 
none to my family-exercise, but the members of 
the family. To which I answered as formerly, 
That I invited none, and I would debar none, 
using an argument ad humineni : my lord, would 
you think it fair, if your lordship, being of 
my acquaintance, came to make a visit at the 
nick of time of family-worship, if ray servant 
should keep you at the door, saying, My lord, 
vou must not come here, we are at the worship 




against Mr Donald Cargill, I find, 

November 23d, the following act 

against him : — " Whereas Mr Donald Car- 

gil was confined benorth lay, October 1st, 

of God ; surely, my lord, you would not take 
it well : and more, my lord, I am still bound to 
preach when called, and able for that work, 
imder the hazard of that, Wo is unto me, if 1 
preach not the gospel. Then my lord advocate 
urged me. In what families I used to exercise? 
1 answered. My long and sore sickness made 
me incapable of going abroad; and, to the best 
of my knowledge, since October last, I supped 
not save twice out of mine own house, where 
indeed I made the fashion of family- exercise. 
Q. were these two houses? A. IVJylord, 
it were both impertinent and imprudent in me 
to tell this honourable coiut, who invites me to 
dine or sup with them; and so your lordship 
must pardon me, for I cannot in discretion tell : 
but if your lordship should urge me to tell, you 
will not gain any thing ; for I know no law as 
yet discliarglng the service of the living God. 
The advocate answered. You need not tell us 
that, for we know it is true. The business 
coming to this close, the advocate desired me to 
have my surety ready against ten o'clock to- 
morrow, to find bonds to present myself before 
the council, when called, because I was a sick 
man, and not fit for the prison ; and so I took 
my leave. J\Iy lord advocate requested the 
good-man of the tolbooth to grant me a chamber 
in his house ; but he said his house was all 
taken up, so I was carried back to prison. 
July 29th, I was arraigned before the secret 
council, and made to stand without the bar at a 
great distance, where (by reason of my shortness 
of sight) I could not well discern any of their 
faces so as to know them. At the first my lord 
chancellor charged me with laughing. I an- 
swered, My lord, 1 marvel your honour should 
chiirge me with laughing ; for I am even now 
as sick as I am able to stand on my feet. After 
this, he makes an historical narration of what 
had passed betwixt the committee and me ; 
that I had confessed my coming to Edinburgh 
contrary to the law ; that I had conversed 
Tvith these west country rebels ; that I exer- 
cised in my family, and admitted all that 
came. I granted all that to be true, and that 
I had satisfied the committee, in reason, as to 
every particular. Chanc. But, Mr Wilkie, you 
stick at one particular, you will not declare 
what these two families were wherein you 
supped? A. My lord, I think it not prudent 
to tell. Chanc. What, Sir, are you beginning 
to teach the council prudence ? A. No, my 
lord, I am only studying how to carry prudently 
hefore the council. Chanc. But, Sir, you must 
tell what these two families are? A. I cannot 
for shame tell ; would your 'lordship, being of 
my acquaintance, think it fair play, if your 
honour had invited me to dine ■with you yester- 
day, that I should come in and tell his majesty's 
secret council the morn. Chanc. Nay, Mr 
Wilkie, you mistake the business, it is not 
where you hiive dined or supped, but what you 
did there as to the point of exercise ? A. My 
lord, I entreat forbearance in that point for your 
lordship will find nothing in it. Chanc. Nay, 
but you must declare it, and that upon oath. 

\QG:i, and that under the pain of sedition; 
and yet he hath repaired to the city of 
Edinburgh, and other places at his pleasui-e, 
in high and proud coutempt of authority 

A. Lest your lordship think that there is some 
mystery in the matter, I will declare, and you 
shall gain nothing. Chanc. Clerk, go to the 
bar, and administer the oath. The oath being 
administered, the chancellor began to exhort me 
to remember I was upon my oath. I told his 
lordship I did remember very well, and I should 
swear nothing but the truth. Chanc. What 
were these two houses ? A. One of them is a 
friend called John Gibson, with whom I supped 
not long since. Chanc. W^hat did you there? 
A. I took my supper, blessed the table, gave 
thanks, sang, read, noted, and prayed. Chanc. 
Who was there present ? A. Not one soul save 
the members of the family. Chanc. What was 
the other family ? A. My lord, you will gain as 
little of it, and therefore forbear. Chanc. But 
you must tell, you are now upon oath. A. It 
was, my lord. Sabbath last, in one Mrs George's 
house, who hath some relations of mine breeding 
at school. Chanc. What did you there ? A. I 
took my supper as I could, gave thanks, sang, 
read, and essayed to note, but fell sick, and so 
was forced to cut short. Chanc. Who was 
there? A. If there was any there but the 
family, is more than I know; for I was never 
there before, and w&s never there since. Chanc. 
But ■what number would have been there ? A. 
I think there ■would have been about eight or 
nine persons. Upon this I grew Aveary with 
standing, and told my lord chancellor that I 
was very sick, and requested the honourable 
council that I might be quickly despatched ; 
which was yielded to at the first, and I was 
removed to an outer room. Having passed an 
interlocutor upon me, X am called in; and, after 
recapitulation of all my alleged crimes, together 
with a harangue of the council's clemency and 
gentleness towards me, notwithstanding of my 
great offence, I am sentenced to confine myself 
to Cupar of Angus, within ten days after my 
liberation out of prison. The sentence is read, 
and I presently commanded to subscribe. I 
answered. My lord, no man is bound to subscribe 
to impossibilities ; for where Cupar of Angus 
is I know not ; but well I know that this last 
summer I rode to Moffat-well, ■with no less 
than the hazard of my life ; and for the present 
I am neither able to sit on horse, or walk on 
foot. Chanc. Sir, I perceive you love to live in 
Edinburgh. A. My lord, your honour is quite 
mistaken, it is all one to me where I live, 
whether in prison or at liberty ; for at liberty I 
am sick, and in prison I will be but sick. 
Chanc. Mr Wilkie, your business stands at 
this, you will not engage to forbear preaching. 
A. My lord, offer nothing to me that may lay 
the least tash upon my ministry ; for do with 
me Avhat you please, in the strength of the Lord 
I will never yield : I satisfied the committee 
yesterday in that ; but, my lord, 1 have some- 
what that supports me, that every one knows 
not. "Herein do I exercise myself, always to 
have a conscience void of offence both towards 
God, and also towards man." So taking my 
leave of the council, refusing to subscribe my 
sentence I am committed again to prison, 




ordains the said Donald C'arnill, by open 
protlamation at the cross of Edinbiirgli and 
Forfar, to be cited to appear before the 
council the 1 1 th of January next, otherwise 
he shall be denounced simpliciterr I have 
reason to think this was an information 
purely from malice. He is not charged 
\\ ith preaching-, but only Avitli coming to 
Edinl)iu'gh, and other places, after a con- 
tinemeut more than six years ago, and many 
acts of grace and indemnity. When he 
appeal's, next January, before the council, 
and is heard in his oww vindication, he is 
dismissed, and only appointed to bide in 
his conlinemeut. 

Notwithstanding of these hardships upon 
])resbyterian ministers in Scotland, the king 
this year allowed some breathing to the 
nonconfomiists in England. I am told he 
did IVIr Bates, Mr Baxter, and some other 
presbyterian ministers there, the honom- of 
allowing them to wait upon him; and sig- 
nified to them, that he knew of their meet- 
ings, M'hich were not according to law, and 
designed to allow' them more liberty ,provided 
they carried peaceably. It is said, he \^'as 
pleased to add, " That he had been too 
long a king of a l)arty, and now he resolved 
to be king of all his subjects." Several 
meeting-houses were about this time built 
at London. Yea, in June or July this year, 
the earl of Tweeddale called for some of 
the presbyterian ministers, w ho were under 
their hidings, and made proposals to them 
anent some favour and indulgence he ho])ed 
might be procured for them in Scotland. 

where I am continued for the space of forty 
days. All the premises I assert to be of truth, 
and that nothing (to the best of my memory) 
passed betwixt the committee and me, or the 
honourable council and me, but what is here 
recorded ; as witness my hand, at Moffat, the 
place of my confinement, October 28th, 1G68. 
John Wilkie. 
Only this passed betwixt the council and me. 
My lord chancellor, when he was speaking to 
me as to the point of preaching, alleged that I 
was (for what he saw) clear to preach in a 
kirk. 1 answered. Why not, my lord, I am 
still a minister, and who has exauctorated me? 
Ckanc. Then I see you are clear to preach upon 
a call. A. Yes, my lord, if the call have a 
cleanly rise. Clianc. i\Iark that, a cleanly rise ! 
but what call you a cleanly call for a minister? 
A. My lord, you know it well enough, why do 
you ask me ? Q. I pray you tell us ? A. IMy 
lord, I make the supposition, if your honour 

The news were very welcome, and ,^„„ 
^- I 1 1668. 

some conversation and proposals 

passed betwixt them on this subject. But 
an unhappy incident sto])ped all for some 
time, the attempt made by Mr James 
Mitchell upon two of the bishops, July lltb 
this year; which, as it was his personal deed, 
without concert or approbation from presby- 
terians, it opened the door to a severe treat- 
ment of some very worthy persons not at 
all concerned in it. I shall give a deductiou 
of it from what I find in the council records, 
and other papers of this time, and some 
other notices anent it will otter themselves 
when he is taken, and his process comes to 
be accounted for ten years after this. 

IVIr James Mitchell was a preacher of 
the gospel, and a youth of much zeal and 
piety; but perhaps had not these oppor- 
tunities for leai'ning and conversation, 
which would have been useful to him. I 
find Mr Trail, minister at Edinburgh, in 
the year 1661, recommending him to some 
ministers in Galloway, as a good youth, 
that had not much to subsist upon, and as 
fit for a school, or teaching gentlemen's 
children. He was at Pentland, and is 
excepted from the indemnity, and in all the 
three lists Ave have seen above. From what 
motives I say not, he takes on a resolution 
to kill the archbishop of St Andrews : and, 
upon the 11th of July, he waits the bishop 
coming dowTi in the afternoon to his coach, 
at the head of the Blackfriar Wynd in 
Edinbiu'gh ; and A\'ith him was IVIr Honey- 
man bishop of Orkney. When the ai'cli- 

invited me to preach in one of your kirks, I j 
being able and qualified for the work, how durst I 
I in conscience refuse, under the pain of that j 
wo, " Wo is unto me if I preach not the Gos- 
pel !' What then should hinder me to preach in I 
a kirk? Nay, more, my lord, I was this summer 
at Moffat-well, and the chield that is there is , 
run away from them for debt (as I hear), and i 
the place in a manner vacant, if these in power 
in that place, had bad courage to have given me ' 
a call, I would have taken my venture to have ' 
preached. To which there was not one word | 
replied. I testify this also to be of truth ; as i 
witness my hand, day, year, and place foresaid. 
John Wilkie. 
When I took my leave of the committee, I 
entered this protestation, that no man should 
follow my footsteps ; for I had laid a bad pre- 
parative in answering to questions, whereas I 
should have had an indictment, and time com^- 
petent to have answered the same. i 




bishop had entered the coach, and 
taken his seat, Mi* Mitchell steps 
straight to the north side of the coach, and 
discharges a loaden pistol in at the door of 
the coach. The moment the pistol is dis- 
charged, Honeyman sets his foot in the 
boot of the coach, and when reaching up 
his hand to step in, received the shot, 
designed for Mr Sharp, in the wrist, and 
so the primate escaped at this time.* Upon 
this Mr Mitchell crossed the street with 
much composure, till he comes to Niddry's 
Wyud head, where a man offers to stop 
him, and he presented a pistol to him, upon 
which the other let him go. He stepped 
down the Avynd, and going up Steven Law's 
Close, went into a house, and changed his 
clothes, and came straight confidently to 
the street, as being the place where indeed 
he would be least suspected. The cry 
arose, a man was killed; and some rogues 
answered, it was but a bishop, and all was 
calmed very soon. The two bishops made 
all the haste they could to the house where 
they had been. 

Upon Monday, July, 1 3th, the comicil 
met upon this affair, and issue out a pro- 
clamation which is printed, " Anent the 
viUanous attempt upon the bishops of 
St Andrews and Orkney, upon the 11th 
instant." Five thousand merks are offered 
to the discoverer, and pardon to accessories. 
They write likewise a letter to the king, 
acquainting him with this matter, and their 
account is as follows: — " Saturday last in 

* Honeyman, like Sharp, had been originally 
a very violent presbyterian, but like him, had, for 
the sake of preferment, violated his conscience, 
and was a cruel persecutor of all who refused to 
follow his example. The above accident, how- 
ever, was fatal to him ; the wound could never 
be healed, and in a few years after vv^as the cause 
of his death. Sharp, though he thus escaped at 
the time, was greatly alarmed, and probably 
lived ever after this in daily and nightly terror. 
Bishop Burnet, who, though he hated the man, 
had some respect for the archbishop, and called 
on him for the purpose of congratulating him on 
his escape, informs us, that " he was much 
touched with it, and put on a show of devotion 
upon it. He said, with a very serious look, ' My 
times are wholly in thyhand, O thou God of my 
life !' " This," he adds, " was the single ex- 
pression savouring of piety that ever fell from 
him in all the conversations that passed between 
him and me." — Burnet's History of his Own 
Times, vol. i. p. 408. — Ed. 

the evening, as the archbishop of St An_ 
drews and the bishop of Orkney were going 
abroad, the archbishop being in his coach, 
and the other stepping up, a wicked fellow 
standing behind the coach, did shoot the 
bishop of Orkney beneath his right hand, 
broke his left arm, a little above the ^vTist, 
with five balls, and immediately crossing the 
street, went down a lane, and escaped ; there 
being no person near at the time, but those 
who were so taken up about the bishop of 
Orkney, that they could not observe the 
person, or whither he went. That night all 
possible search was made in and about the 
town, and this day a proclamation is issued 
out, sent herewith." Further, that same 
day the magistrates of Edinbiu'gh are ordered 
to search the town and subm-bs for all 
persons in the late rebellion, or who cannot 
give an account of themselves ; and to shut 
all the ports of the town, except the Nether- 
bow, where one of the bailies is to stand, 
and let out none but whom he knows ; and 
an hundred soldiers are ordered to assist the 
magistrates. A very narrow search was 
made for the aggressor upon the bishops, 
and it was a Monder great numbers were 
not seized. 

The town being the place of greatest resort, 
and where people could liu'k best, was at 
present full of Wliigs and such who had 
been concerned in Pentland, and many of 
them escaped very narrowly. One instance 
I cannot but give of Maxwell of Monrief, 
excepted, as we have seen, out of the indem- 
nity, and a gentleman of one of the best 
estates of that party not already forfeited. 
He had no place in town he could flee to, 
but came in to Moffat his stabler's house, 
and begged his landlord to hide him. Moffat 
told him very coldlj^ he had no place to put 
him in, and very indifferently pointed to a 
large empty meal tub, standing in a public 
(h-inlving room, adding if he pleased, he should 
cover him Avith it. No other present shift 
offering, it was done ; and, in a few minutes, 
the constable and his men came in to search 
the house, and were soon satisfied, expect- 
ing no prey there. They sat doAvn in that 
very room with the meal barrel at the end of 
their table, and called for some ale. ^\Tiile 
sitting they fell a talking of the unsuccess- 




fulness of their search. One of them says, 
1 am siu-e there are many Wliigs in town : 
another of them rapped violently on the 
head of the tub under which Monrief was, 
swearing-, It may be there is one under that; 
and so it passed as a jest, and they were 
permitted to do no more. Quickly they 
left the room, and fall to their work in other 
houses, and the gentleman came out, having 
tasted of the bitterness of death almost. 

Ml- Mitchell passes at this time undis- 
covered, till some years after, when we shall 
meet with him again. His attempt was 
known to nobody but himself. People 
could not but observe the righteousness of 
Providence in disabling bishop Honejauau's 
hand, ^vhich was noways designed by Mi- 
Mitchell. It was weU remembered that 
Mr Andrew Honeyman, in the years 16{i0 
and 1661, set up most zealously for presby- 
teriau govermneut ; and being a man of good 
parts, A\'as employed by the presbytery of 
St Anch-ews, to di-aw up a testimony for 
presbyterian govermnent, when it was about 
to be overtm'ued. The di*aught was ex- 
tremely liked by Mr Robert Douglas, Mj* 
George Hutchison, and others, to whom it 
was communicated. He professed to be 
zealous against prelacy, to a very great 
height; and, in his sermons, preached Avith 
a great deal of warmth against the intro- 
ducing of bishops. I am told in the abun- 
dance of his zeal, one day, he had this 
expression to his hearers, " That if ever he 
spoke or acted contrary to what he now 
taught them, he should be content to be 
reckoned a man of a prostitute conscience." 
He met with his bodings, and indeed was 
accouxited of according to his own rule. 
Ml* Sharp debauched him with the tempta- 
tion of a bishopric; and he was the first, 
and ahnost the only man of them, who 
drew his pen in the vindication of the 
present constitution in the chm-ch ; and peo- 
ple could not but remark, that that person, 
who Avrote against the truth he once so 
vehemently espoused, had a mark set upon 
him instead of his debaucher, and without 
any design in the actor. It was loudly 
talked, that some years after this, he met 
with yet harsher treatment, from a more 
dreadful quarter, when he died at his house 

in Orkney. But this unhappy affair 
brought several persons to a great 
deal of trouble, and was most unjustly 
charged upon the body of presbyterians. 
It gave a loose to the cruelty of the bishops, 
and the advocate. It must be owned, they 
had a very considerable provocation given 
to theii" passions; and at this rate nobody 
can be safe: but then the measures they 
took were hard, and mixed with a disingen- 
uous cunning, unworthy of judges. 

A few days after this attempt upon the 
bishops, an occasion of much trouble to 
three good people falls out; which was this. 
A scuffle falls in between a servant-woman 
of no good fame, and her mistress, wife to 
Robert Gray, merchant in Edinburgh. The 
servant, to be completely revenged upon her 
mistress, quits her service, and goes straight 
to bishop Sharp, and assures him she can 
give account of several houses where the 
Whigs used to haunt, and make some dis- 
coveries aiient the person who made the 
late attempt upon him. The bishop made 
her very welcome, gave her money in 
abundance, and provided for her security. 
It was said the primate gave like^dse very 
liberally to the advocate Sir John Nisbet, 
that he might be hearty in the pursuit ; and 
it is certain Su- John showed an extraor- 
dinary eagerness in this matter, to that 
pitch, that his friend Sir Archibald Primrose 
roundly told him, " He would not give over 
till he brought the fury of the enraged 
people on himself instead of the bishops." 
Robert Gray is brought before a committee 
of council, on this information, and strictly 
examined, Wliether any Wliigs used (to 
lodge) in his house? Mi* Gray suspecting 
the spring of their information, and knowing 
there would be proofs of it, acknowledged. 
That upon such a day, his cousin major 
Learmont, one Welsh, and Mrs Diuican a 
minister's widow, had dined with him. So 
much he conjectured his servant had told 
them. He was further inteiTOgated, Whe- 
ther he knew of the assassin of the bishops? 
This he peremptorily denied. The advocate 
urged him to swear upon his declaration. 
This he flatly refused, as contrary to all 
reason and law, that a person should swear 
in such a case as this. Wlien the king's 




advocate finds him positive, he 
steps forward to him; and, after 
some pretended frankness and familiarity 
in further dealing with him, he takes his 
rino- from off' his hand, tellinjr him he had 
use for it ; and, within a little, sends it with 
a messenger of his own to Mrs Gray, 
ordering the hearer to acquaint her, that 
her hushand had discovered all he kneAV 
as to the Whigs, and the ring was sent 
her as a token that she might do the 
same; and so she is hrought hefore the 
committee. Upon this the poor ivoman 
discovers more than her hushand had done, 
and acquaints them with some houses where 
the suffering people used to haimt; parti- 
cularly Mi-s Kello, a rich widow, where Mr 
John Welsh sometuues lodged and preach- 
ed; the foresaid Mrs Duncan, and John 
Crawford messenger, who had notice given 
him, and got off". But his wife, and the 
other two were presently seized, and put 
in prison. When Mi* Gray gofuotice how 
his wife had heen ahused Avith his ring, and 
what followed thereupon, he took it most 
heavily, sickened, and in a few days died, 
leaving liis death ujjon this way of treating 

July 22d, I find Anna Kerr, relict of Mr 
James Duncan, before the coiuicil. She is 
intenogated upon her knowledge, Wlio 
were the actors in the late attempt upon 
the two bishops, and her harboirring and 
converse Avith rebels ? Mi's Duncan 
refused to answer upon oath, declared she 
knew not the assassins, and AAOuld not 
accuse herself. The council giA'e her assm'- 
ances, that Avhatever she declared there- 
anent, shall uca er be used against her, either 
in judgment, or out with the same; and they 
promise to indeimiify her for any accession 
.she had to the said attempt, or harbour- 
ing any of the rebels, providing she declare 
ingenuously, and discoA'er upon oath Avhat 
she kuoAvs. She continued fixed that 
she Avould not give her oath. The lords 
caused bring in the boots before her, and 
gave her to five of the clock to think upon 
, it, assiu'ing her, if she would not give her 
oath in the premises, she was to be tortur- 
ed. In the afternoon, Mrs Duncan con- 
tinued firm to her purpose, and had cer- 

tainly been put to torture, had not Rothes 
interposed, and told the council, " It 
was not proper for gentlewomen to Avear 

Upon the 29th of July, Margaret Dury 
relict of Mr James Kello merchant in 
Edinbui'gh is before the council, and refus- 
ing to give oath, as above, is fined in five 
thousand merks, and banished to the plan- 
tations. Mrs Duncan had nothing, and so 
escaped the fine ; but, the same day, is lUce- 
wise banished to the plantations: and to- 
morroAV, Janet Chalmers, spouse to John 
CraAvford messenger, upon her refusal as 
above, is likcAvise banished A^ith the other 
tAvo. They lay in prison a long time: Mrs 
Duncan, Avith tAVO young infants, continued 
there five or six months : Mrs Kello, haA^ing 
confessed Mr Welsh had preached in her 
house, Avas fined as above, and continued in 
prison a long time ; and it aa as AA'itli no small 
difficulty they Avere at length liberated, after 
Mrs Kello had paid much of her fine. 

Another act of cruelty foUoAving upon 
this attempt, Avas the occasion of the death 
of that good man Mi* James Gil on minister 
at Cavers, Avhose blood is jnstly chai-geable 
on the authors of this harsh treatment. 
Mr Gilon being turned out of his church at 
the entry of prelacy, had noAv for some time 
lurked at Edinbiu-gh, and being tender, he 
had gone out to Currie, Avithin a fcAv miles 
of the toAvn for the recovery of his health. 
A party of soldiers AAent out, and, uj^on 
pretext of searching for the aggressors upon 
the bishops, seized him, and made him run 
almost all the Avay before them, for four 
miles, to the West-port of Edinburgh, in the 
middle of the night. Wlien thus driven, 
literally like a sheep to the slaughter, he 
was made to stand some hours before the 
port could be opened. To-morrow AA'hen 
he Avas brought before the council, he was 
knoAA'u, and dismissed to his chamber : but 
this barbarous usage disordered him so much, 
that he sickened, and being indisposed ))e- 
fore, died within forty-eight hom-s. 

In July and August, the council are 
much taken up about the militia, who are 
modelled and raised through the A\hole 
kingdom. This was alleged to be necessary 
liecause there Avas no standing army, albeit 




wo. ^\'ere at this time iu peace with all our 
neighbours. Agreeably to the scheme iu the 
acts of parliament, two and twenty thousfind 
horse and foot were modelled in the several 
shires: but so jealous were the managers of 
the west country, that they allowed no 
i'oot to be armed in the five western shires. 
This unnecessary raising- of the mihtia, was 
a very heavy tax upon many of the smaller 
heritors. Such a proportion of land Avas 
burdened with the putting- out of a horse 
and a man at the muster, and the laird 
or lord, Avho did no more but send his 
groom and his horse the day of muster, 
escaped free. Yea, the smaller heritors 
Avere taxed to maintain the laird's horse, as 
if he had been appropriated to the service, 
and he paid not a farthing. 

What was the occasion of the alarm, I 
cannot tell; but, upon August I'ith, I find 
Avhat follows in the council registers. " The 
council understanding', that some of the 
late rebels are drawing together, of intention 
to distiu'b and embroil the peace, grant 
power to the earl of Linlithgow to draw the 
forces together, and dissipate them, and 
order all where he comes to assist him." 
Whether this was made a project to favom* 
the raising- of money for the militia, or to 
pave the way for more standing troops, I 
cannot say ; but I can find nothing- like any 
stir among- the presbyterians at this time. 
IIoAvever, lieutenant Mungo Mun-ay is 
ordered, September 3d, to search with 
sixty horse, in the heads of Kyle and 
Nithsdale, and apprehend any of the rebels 
rising- in anus. Another party, under Wil- 
liam Cockbui-n, is sent to search in the 
Glenkenns in Galloway. 

Perhaps it was in one of the searches 
about this time, that Robert Cannon of 
Mandi-ogate younger, was taken, or probably 
put himself in the road of being taken ; for 
he tm-ned informer, and a bitter persecutor. 
The reader hath him in all the exceptions 
from Pentland indemnity ; and the first 
notice I find taken of him, is in a letter from 
Lauderdale to the council, dated October 
8th, wherein he orders him to be examined 
anent the rebellion 16GG, and the advocate 
accordingly converses Avith him: and, in 
November, the council order Sir James 

Turner, Chalmers of Waterside, and 
Mandrogate elder, to come in to 
Edinburfrh, to be Avitnesses against him, 
and signify to the secretary, they expect 
imi)ortaut discoveries from his trial. But 
afterwards they write, they have got nothing 
of importance from him. I believe he was 
gained to the bishops' lure, and afterAvards 
Ave shall find him acting- a very ill part in 
the south. 

Tliis smnraerand harvest, I remark all the 
king^'s letters to his council, upon Avhatsoever 
occasion, ahnost conclude Avith recommen- 
dations of the lords of the clergy, to their 
care, and the orthodox ministei'S up and 
doAvn the kingdom, and carefully to inquu-e 
into any affronts and violences offered to 
them. I knoAV no occasions for these, but 
Mr Mitchell's attempt, and tlie accounts 
Avhich come in before the council, of a riot 
committed upon JNIr James BroAAu minister 
at Calder. The circumstances and natvu-e 
of it I have no accounts of; only, July 30th, 
the coimcil order the advocate to process 
some persons before the justices, for the 
attempt on the minister of Calder. There 
is little more considerable this year, unless 
it be the continued ill treatment of those 
Avest country gentlemen confined in the 
1665, and by the high commission, AA'hich as 
far as I have noticed, I shall give altoi'ether, 
and end this C^hapter Avith it. 

Upon January 9th, the council change 
Cuninghamhead's imprisonment from the 
Castle of Stirling to that of Edinbm-gh 
because of his husiness AAith laAvyers here. 
Upon the 3d of March, he and the laird of 
Rowallan, who, it seems, had the same 
favom*, are ordered to re-enter the Castle of 
Stirling. Upon the 4th of August, Sir 
James Stuart is ordered to be made close 
prisoner in Dundee ; and Sir John Chiesly is 
sent Avith a guard to be made close prisoner 
in the toolbooth of St Johnston (Perth). 
The same day the council send their orders 
to the captain of the castle of Stirling to 
put Cuninghamhead and RoAAallan in dis- 
tinct rooms, close prisoners : and Sir George 
Maxwell is ordered in eight days to enter 
himself prisoner iu the tolbooth of Kirkaldy, 
under the pains of five hvmfh-ed pounds 
sterling ; and, upon the 5th of August, his 



[BOOK n. 

prison is again altered to the Castle 
of Stirling. And John Porterlield 
of Ductal younger, ^hom we shall again 
meet with, gives in a petition, July 2d, to 
the council, signifying, " that whereas he 
hath heen under confinement, by the order 
of the commission for church affairs, these 
several years past, at Elgin of Miu-ray, and 
punctually kept his confinement, and the 
lords of council have allowed him to come 
to Edinburgh about his affairs; he hmnbly 
begs that his constraint may he taken off, 
and his bonds for keeping liis confinement, 
be given up by the clerk." The lords grant 
his petition, upon his finding caution, under 
the pain of five hundi'ed pounds stcrhng, 
to appear before the council, within four 
days after he is called. 


YEAR 1069. 

-„„Q As for some years bygone, the in- 
terests of prelacy have been upon 
the decline; so ever since Pentland, the 
interests of presbytery have been gaining 
groimd in Scotland. This is not the first, 
and «iU not be the last instance of the truth 
of the primitive Christian observation and 
experience, " that the blood of the saints is 
the seed of the church:" the church's 
Avinters of persecution, never Avant their 
succeedings springs and harvest, in less or 
more. Accordingly, this year, presbyterians 
had a sort of reviinng, and began to gather a 
little strength. The military discipline for 
their conversion, was now at an end for 
some time; Mr Sharp's cloud at court con- 
tinued; the constancy and cheerfulness of 
the persecuted party was convincing; con- 
venticles increased, and the curates' churches 
grew thinner. Yet the prelates continue to 
go as great a length as they may against 
presbyterians. The persecution for Pent- 
land is not wholly over; the confinement of 
several gentlemen is protracted, and conven- 
ticles are strictly punished : but the fmit- 
lessness of these persecutions at length 

brings on an indulgence ; and to soften the 
bishops a little, new laws are made in their 
favour by the parliament, which sits in the 
end of this year. These things will afl'ord 
matter for the foUowinjj sections. 

Of the circumstances of presbyterians, and 
procedure against conventicles, preceding 
the indulgence this year. 

When the bishops want the army to hunt 
down the presbyterians, they improve the 
ex])ressions in the king's letters, of " en- 
com'aging the lords of the clergy and ortho- 
dox ministers;" and daily importune the 
council to harass and call before them such 
presbyterian ministers as preached at this 
time, and to inflict the pains of sedition in 
the terms of the acts of parliament and 
council. Some were attacked in the north 
last year, where there were but a iew, and 
the more easily discovered and catched ; 
and this year the same work is violently 
prosecuted in other parts of the kingdom, 
especially in the west, where conventicles 
were sensibly growing. I shall then, in 
this section, take a view of the persecution 
of presbyterians for conventicle-keeping 
through this year. March 2d, I find an act 
of council fining the town of Edinburgh for 
a conventicle held there, in prosecution of 
the project formerly spoken of, fallen upon 
to prevent conventicles in burghs. It is but 
short, and I insert it here. " The lords of his 
majesty's pri^^y council being infonned, that 
on Sunday the last of February, there was a 
conventicle kept within the city of Edin- 
burgh, in the house of relict of the 

deceased Paton ; and Mr David Hume, 

late minister of Coldingham, took upon him 
to preach: and whereas, July 29th, 1668, 
the magistrates of Edinburgh gave bond to 
pay fifty pounds Sterling for ilk conventicle 
that should happen within their city, to the 
treasiu-y, having relief off the giiilty persons; 
the council decern Sir Andrew Ramsay, and 
the rest of the magistrates to pay the said 
sum, and grant them power to make open 
doors, and apprehend persons guilty, for 
their own relief." This is ad terrorem. and to 

CHAl*. IV.] 



fright other towns and the country. The 
town of Edinburgh is under the eye of the 
managers ; and, to carry on the same work, 
the soldiers are parcelled out to other places. 
The same day some are sent to quai-ter at 
Olasgou-, and some smaller parties to New- 
mills, Mauchlin, and Kilmarnock, in the shire 
of Ayr, and a party is ordered to the town 
of Inverness, to keep the presbyterians there 
and in Murray, in awe. 

But because conventicles sometimes were 
dismissed before they could be reached, and 
the parents of children who were baptized 
at them, were more easily informed against 
by the curates in each parish, and came soon 
to be known, a new act of council is con- 
trived, to be a foundation of their persecu- 
tion. A committee of council the arch- 
bishops of St Andi'ews and Glasgow, duke 
Hamilton, earls of Dumfries, Annandale, 
Tweeddale, and Kircardine, lords Drumla- 
nerk, and Cochran, the president, register, 
advocate, and justice-clerk, with the laird 
of Lee, meet February 1 8th, to consider the 
acts of parliaments and council against con- 
venticles, withdraAi'ers from their parish- 
kirks, clandestine marriages and baptisms, 
and to consider what may be done for re- 
sti'aining them. This committee issues in 
an act of council, March 4th, the tenor 
whereof follows. " The privy council consid- 
ering what a scandal it is to the protestant 
religion, and how much to the increase of 
popery, schism, and profaneness, that per- 
sons should withdraw from ordinances and 
sacraments and baptize their children by 
persons not authorized by the church ; do 
therefore prohibit and discharge all persons 
whatsomever, to baptize their children by 
any other, but such as are their own parish- 
ministers, or such ministers as are estab- 
lished by the present government of the 
chm'ch ; and declare, that the father of any 
child otherwise baptized, shall incur the 
pains and penalties following : every heritor 
a fourth part of his yearly valued rent ; 
each tenant a hundred pounds Scots, and six 
weeks' imprisonment; each cotter twenty 
pounds, and six weeks imprisonment ; and 
recommend it to the sheriffs, bailies of regal- 
ities, and other judges, to put this act in 
execution." Where the scandal upon the 


protestant religion lies, in children's 
being baptized by persons not au- 
thorized by a prelatical chiu-ch, does not 
appeal- to me. That popery is increased 
and strengthened, by narrowing the church 
to such as will subject to diocesan bishops, 
is very evident from the natm-e of the thing, 
and our constant experience in Scotland. 
Popery hath still been upon the increase, 
and profaneness too, under prelacy and per- 
secution : and the presbyterians have had 
always ground to chai'ge the espousers of 
prelacy as separatists and makers of a schism 
from oiu- reformation from popery by pres- 
byters, and oui- first establishment according 
to the scriptural institution. How far it is 
a profanation of the holy sacrament of bap- 
tism, under such penalties to tie do«ii its 
administration to the officers of a church 
declared to depend upon the king's will and 
pleasure, and its government to be ambula^ 
tory and alterable, as he sees fit, I shall 
leave to others to consider. As it is plainly 
contrary to the Christian liberty of the sub- 
ject, thus in their religious rights to be 
bound up to the will of the sovereign ; so to 
me this seems to be an irreligious prostitu- 
tion of the holy sacrament, as an occasion 
of persecution of tender consciences, and 
what too much agiees with the knitting of 
the other sacrament of the supper, to civil 
and military offices, for which all the reform- 
ed churches are so much reproached by 
the papists, though two of them are only 
chargeable with this : yea, the restricting of 
the administration of baptism to a particular 
set of ministers, in order to be a pretext and 
cloak for hai'assing and violenting (forcing) 
the consciences of such who could not join 
with them, seems to contain something yet 
worse, if possible ; at least this practice casts 
no small stain upon its authors, who gene- 
rally speaking, were all baptized by presby- 
terians. This act is transmitted with letters 
fi-om the council, to the sheriffs of Lanark, 
Renfrew, Ayr, and the stewai'd of Kirkcud- 
bright, ordering them to publish it at the 
market-crosses and parish churches in these 
shires together with the forementioned acts 
of council, December 1662, and October 
1666. And the commissioners of the militia 
are to inform themselves of all conventicles 



[BOOK 11. 


and disorderly baptisms, siuce No- 
vember last, and call before them 
all ministers and hearers ; and as they find 
them guilty, to take bonds from them to 
appear before the council : and such as do 
not compear, or refuse to find caution, they 
are required, by a party of the militia, to 
seize upon their persons ; and this party 
is to be maintained by the delinquents, at 
eighteen shillings Scots per day for each 
horseman, and three shillings sterling for the 
officer ; and all evidences and M'ituesses 
against them are to be sent with them into 

Jointly with this, I find, the council send 
instructions to the sheriffs and their deputes 
in the ^v^estern shires, as to their procedure 
against nonconformists ; and they deserve a 
room here. " March 8th, the instructions 
imderwritten for the sheriff-deputes of Ayr 
and Lanark, bailie of Cuningham, and 
steward-depute of Kirkcudbright, were 
agreed to by the council. — Those who are to 
be convened before you, conform to these 
instructions, are to be cited in the ordinary 
way, and upon the ordinary time and num- 
ber of days usual before the sheriff-coiu-t ; 
and it is to be adverted, that they be cited 
personally to give their oaths upon the libel, 
with certification pro covfesso. So that if 
they have no other probation by witnesses, 
and if the Avitnesses be not ready and able 
to prove the libel, it be proven by their 
oaths. — If the defenders appear not, they 
are to be holden as confest, and decreet 
given against them. — If they compear, and 
the libel cannot be proven without delay 
by witnesses, they are to declare upon the 
libel, and according to their declaration the 
judge is to decern. — If they be not ready 
or willing to pay the sums decerned, pre- 
cepts are to be directed against them in the 
ordinary way ; and the same being executed, 
they are to be sent to Edinburgh, with the 
executions, that letters of horning may be 
raised thereupon ; and they are to be 
charged and denounced with all expedi- 
tion. — They are to be careful that no 
money be taken from any person for for- 
bearance, and not to proceed against them : 
and if the procurator-fiscal, or officers, or 
messengers, who are to be employed, or any 

others shall be found to take from any per- 
son, upon any such account, tliey wiU be 
noticed, and proceeded against, and censm-ed 
as malversaut, and luiworthy of trust ; and 
they are to advert and inform if any person 
be guilty of such malversation. — The pro- 
cess is to be as summar and short as can 
be, and the dispute and defences (if any be) 
are to be heard and discussed vrrbo, without 
receiving defences in write ; and the clerk is 
only to minute the defences, if any be pro- 
pounded. — If any persons cited, as said 
is, shall be content to find caution, and 
oblige themselves to frequent and keep the 
churches, and public ordinances, in the 
future, as also that they shall not be present 
at conventicles, in the shire, baronies, or 
stewartry foresaid; you are to accept of 
their said obligement and caution, and pass 
from the pursuit against them." 

The same day, the council order some 
more of the soldiers to the west country, 
doubting, perhaps, the zeal of the militia 
there, for persecuting of their neighboiu's. 
And James Row merchant in Edinburgh, is 
fined by the council in a hundred pounds 
Scots, for being at the above conventicle in 
Mrs Paton's. George Mossman merchant 
there, is fined in two hundred merks, 
and John Row agent there, in a hundred 
pounds, for the same conventicle ; and certi- 
fied, that if they be found at another, they 
shall be banished. Meanwhile they are 
imprisoned till they pay their fines. 

Jointly with these acts and orders, another 
expedient is fallen upon to bear down 
conventicles, and a great deal Aias promised 
from it. Collectors of the fines the law had 
ap2)ointed for nonconformity, were named 
about this time, in the places where conven- 
ticles most abounded. Mr Nathaniel Fyfe, 
a poor advocate, who M'anted employment, 
and was a relation of one of the bishops, 
had Kyle and Carrick for his district. 
Cuningham was given to the sheriff' of 
Nithsdale, brother to the earl of Dumfries, 
who was said to be a great oppressor of the 
poor, and not a whit the more unfit for this 
work in hand. James Dunlop of HoushUl, 
a nephew of my lord Cochran's, had Ren- 
frewshire, where, I am informed, he was 
abundantly easy, being very far from a per- 




seciitino- temper: yet I find, in May, he 
hath the thanks of the council given hira 
for his readiness to serve the g'ovcrnment. 
Duke Hamilton was allowed to appoint 
whom he pleased for Lanarkshire. The 
carl of Nithsdale, a papist, got Dumfries 
and Galloway, and to be siu-e he took care 
not to be too severe upon Jesuits and 
traffickino^ priests. In May I find the coun- 
cil write to him, to take care he employed 
none under him who were not protcstants, 
and reg^ret the growth of popery. It is not 
good, however, to j^ive the " nolf the ^vether 
to keep." These publicans and tux-gather- 
ers, to encourage them to their M^ork, had 
live hundred merks a piece from the coun- 
cil ; their reign was but short, unto the first 
of June. They wanted a numerous army 
to back them, and military execution hrevi 
manu is not yet allowed ; they must prose- 
cute offenders before the sheriff, in the 
ordinary course of law; and some of the 
sheriffs reckoning these collectors were come 
in upon their field, made the process so 
tedious, that they got not much. This was 
one of the easiest assessments the west 
country had laid upon them. 

The archbishop of Glasgow put the lord 
Cochran to exert himself in a very particular 
Avay against the presbyterian ministers in his 
diocese : and his suffering the bishop to 
prevail with hira to go the lengths he went, 
he having been upon the party who set up 
for moderation, opened people's mouths to 
say many things which need not a room 
liere ; that the worthy persons he ^^'as now 
harassing, were never so far engaged %\'ith 
the usurper, as he and others in the govern- 
ment had been ; that all the evils in that 
time, even sitting in parliaments called by 
( 'romwell, voting the tender and extirpation 
of the race of Stuarts, were overlooked : 
but presbytery, and the almost only loyal 
and firm subjects of that time, presbyterian 
ministers, could not be forgiven. My lord, 
as a counsellor, gives warrant to major 
Cockburn, an officer of the guards, to cite 
before a committee of noblemen and gentle- 
men, concerned I suppose, in the militia, at 
Ayr, in the end of March, several ministers, 
whom the bishops alleged, had acted con- 
trary to law and preached and baptized 

in<'gularly. Then* names, at least ,^,.„ 
, ,. , T II , 1G69. 

tliose ol them, as mc stiafl tiear, 

who appeared before the council, are, 
" Messrs William Fullarton late minister 
at St Quivox, John Spaldin at Dreghoru, 
Alexander Blair at Galston, Hugh Archi- 
bald at Evandale, James Alexander at 
Kilmacomb, Andrew Dalrymple at Auch- 
inleck, John Hutchison at Maybole, James 
Vetch at Mauchlin, Hugh Campbel at 
Iliccarton, John Gemblc at Symington, 
and John Wallace at Largs." (ireat was 
the rigour Cockbm-n used in forcing them 
to compear at Ayr. When he came to some 
of their houses with his men, he was not 
satisfied with the ordinary way of legal 
citation, nor with their promises to obey, 
but compelled them to give bond for com- 
pearing, and meanwhile would not produce 
his warrant for citation, and perhaps could 
not for this part of his treatment. The 
families of others of them he treated most 
rudely, turning them out of doors, aud 
obliging them to flit and remove from their 
houses, without any reason given, within 
twenty-four houi-s, to their great detriment 
and loss. And one of the accounts, from 
which this narration is taken,says, the council 
were so sensible of this, that Mr Vetch 
and Mr Blair were allowed three hundred 
merks each for their losses. 

All the ministers appeared before the 
meeting at Ayr, and answered the interro- 
gatories put to them, with that meekness 
and candour, that most part of the members 
inclined to dismiss them ^^•ithout any further 
trouble : but this did not answer the arch- 
bishop's design, which was to be rid of these 
worthy men ; and therefore the lord Coch- 
ran prevailed to get them cited to appear 
before the council next week at Edinburgh. 
They obeyed, and came thither on Saturday, 
April 3rd, and my lord Cochran came upon 
Monday to prosecute them, and it was said, 
when he went to the chancellor, he got 
small thanks for his zeal in this matter, and 
was blamed for surprising the council with 
this process of the ministers. However, 
from their books I find, April 6th, "the 
earl of Kincardine, lord Cochran, and the 
president, are appointed as a committee to 
examine some ministers from the west 





come to town accordintj to their 

bonds given anent keeping con- 
venticles ; and to report." Before this 
committee the ministers appeared, and were 
interrogated separately, whether they had 
preached since they were laid aside by au- 
thority ? This they all frankly acknowledg- 
ed. Next, they were questioned, whether 
they had preached in the fields? This 
none of them had done : and further, 
whether they had admitted any more to 
their exercise but their own families ? 
This they all confessed. Then, they were 
all called in together, and asked, What 
they resolved to do in time to come ? 
They answered. They purposed to demean 
themselves peaceably and soberly, as they 
had hitherto done, and as became ministers 
of the gospel, and to give no just ground of 
offence. The committee required them to 
subscribe their answers ; which they did, and 
were dismissed at this time, and ordered 
to appear before the council upon April 
the 8th. 

A time of trouble and suffering is ordin- 
arily a time of jealousy and scruples; and 
so this was. Those ministers were tl^e tirst 
since Pentland, who in a body had been 
questioned for preaching. It was now be- 
ginning to be too common, though afterwards 
this temper ran higher, to censure ministers 
in their appearances, carry as they would. 
And so some were pleased to blame them, 
as too faint in owning their warrant to 
preach the gospel : therefore, and because 
their expression before the committee, of 
" demeaning themselves peaceably and with- 
out offence," was debated as to its import, 
they saw good in the interval, before their 
appearing at the council bar to agree upon 
tlie heads of a discourse to the lords, 
wherein one, in the name of the rest, should, 
express their sentiments about their minis- 
try, and the necessity of exercising it even 
at this juncture; and it was laid upon IVIr 
William Fullarton to deliver the mind of 
the rest. Upon the 8th of April they 
were called in before the council. The 
lords, upon their signed confessions, agreed 
upon the following act concerning them. 
" The lords of council, by examination of 
the confessions of Mr William Fullarton 

late minister at St Qnivox, &c. tit supra, 
find that they have contravened the acts of 
parliament and council anent conventicles, 
and withdrawers from worship, and have 
incurred the penalties therein contained ; 
yet the council on divers considerations, 
being willing to use all means to reclaim 
them from such unruly and undutiful car- 
riage, and to reduce them to a due confor- 
mity to the laws of the kingdom, have 
thought fit to defer pi-ononncing sentence 
against them, till further consideration ; and 
declare, that if any of the persons above 
mentioned, shall hereafter keep conventicles, 
or withdraw from worship, the council will 
not only punish them for their bygone 
transgressions, but also take cojirse to re- 
move them from those places of the country 
where now they reside, and punish them 
conform to law." When they were come 
in, the chancellor told them the council had 
considered their confession before some of 
their number, and the clerk was to signify 
the council's pleasure to them, who read 
what is above. Mr William Fullarton then 
begged the liberty to speak ; which being 
allowed, he delivered himself to this purpose, 
as had been concerted. 

" My lord chancellor, 
" We have already ingenuously confessed 
and professed what hath been our carriage, 
in reference to those things laid to our 
charge, and have declared under our hands, ^ 
that as in all our actings, we have carried 
with due respect to authority, as it became 
the ministers of the gospel, so we resolve to 
continue : and it is no small addition to our 
sufferings, that we should be misrepresented, 
or looked upon by any, 'as justling with 
authority.' Yet considering that it hath 
been in all the ages of the church, the case 
of the Lord's faithful servants, from which 
our Lord himself was not exemed, (exempt- 
ed) to be slandered as no friends to Cesar, 
we need not think it strange ; for our wit- 
ness is in heaven, and our record is above, 
that as we desire to give unto God the 
things that are God's, so also unto Cesar 
the things that are Cesar's, there being by 
divine authority an indispensability betwixt 
fearin"- of God and honouring the king, and 




noue void of the first, can rightly perform ! 
the second. Therefore we judge, the fearers 
of (lod are the only loyal people iu the 
world ; only oiir loyalty is with suhordina- 
tion to our Lord Jesus Christ, who is King ! 
of kings, and Lord of lords, by whom kings i 
reign, aud princes decree justice; and under i 
him to the king's majesty, and inferior 
magistrates, and iu this line of subordination 
we shall deny nothing to the king, that shall 
be demanded, but shall be as ready cheer- 
fully to grant, as any shall be to require it 
of us. Aud withal, our loyalty is not 
founded upon extrinsic grounds, or self- 
principles or motives, but allenarly upon the 
basis of conscience, and so not regulate by 
the revolutions of time, but remains still the 
same. Hence it was, that when the royal 
family was in a low condition, we lay in the 
dust, and poured out our supplications to 
(iod iu behalf of the king's majesty, that he 
might be preserved from sin and snares, 
upheld, comforted, aud restored to his throne 
and government ; and we looked upon the 
effectuating thereof as the return of our 
prayers, for which we judged ourselves 
obliged to bless the Lord, and promised to 
ourselves, and expected a reviving from oTir 
bondage, and a share of that calm and 
quietness, that was thereby to redound to a 
poor distracted kingdom. That it is other- 
wise A\'ith us we shall adore Sovereignty, 
who has so carved out our lot, although 
the storm should never blow off our faces 
while we are in time, whereunto with sub- 
mission and patience we ought to stoop. 

" And now seeing we have received our 
ministry from Jesus Christ, and must one 
day give an account to our Master how we 
have performed the same, we dare have no 
hand in the least to unminister ourselves ; 
yea, the word is like fire in our bosoms 
seeking for a vent. And seeing, under the 
force of a command from authority, we have 
hitherto ceased from the public exercise of 
>ur ministry, and are wearied M'ith forbear- 
ing ; therefore it is oiu* humble supplication 
to your lordship, that you would deal with 
the king's majesty in our behalf, that at 
least the indulgence granted to others of 
our way within his dominions, may be ex- 
tended to us also Next, that since we are 

troubled by one Mr Nathanael 
Fyfe, intrusted ^vith the execution 
of the laws against such who do not keep 
the church, Avho is proceeding against us 
upon that account, and being now convened 
before your lordsliip for the same case upon 
the matter, that he may be inhibited to 
meddle with us. Further, it is our humble 
earnest supplication, that yoiu- lordship 
would compassionate the poor afBicted 
people of our country, who are groaning 
and fainting under sad pressures, and the 
way the said Mr Fyfe is taking with them, 
as it is sad, so it is an addition to our 
affliction ; and although they cannot comply 
with the present ecclesiastical government, 
yet they are truly loyal to authority. There- 
fore we request you would do something or 
other for their ease and relief. 

" And your lordships laying out your- 
selves with reference to those things, as it 
will prove acceptable service to God, and 
will be no matter of resentment to you 
when you enter eternity, and stand before 
Christ's tribunal, but on the conti'ary wiU 
be matter of your peace and joy ; so also 
it will be for a name of praise aud renow n 
to you and youi's, while you shall be called 
' repairers of breaches :' yea, this will be a 
most effectual mean to seciu-e the peace 
of the countrjr, ^vhich we apprehend ye 
mainly study, and will endear the king's 
majesty to his loyal people, and engage all 
of us to pray, that the Lord would establish 
the throne in righteousness, and that the 
king's majesty and posterity may sit there- 
upon while sun and moon endiu-c ; and that 
your lordship may be blessed in the admi- 
nistration of the government intrusted unto 
you ; and we shall be more and more obliged 
to remain yom* lordship's most humble ser- 
vants in our Master Jesus Christ." 

The council house was very throng, and 
Ml' Fullarton had a very attentive audience 
all the while he spoke ; and the ministers 
were dismissed, with a charge to live regu- 
larly at their peril, Wliile they are yet in 
the outer chamber, going away, the chancel- 
lor was pleased to come and discourse with 
some of them. He acquainted them, as to 
the first branch of their desire, the council 
could not take it upon them to limit the king: 




aud as to Pvli' Fyfe, they should be 
no more troubled with him, the 
council having already written letters to that 
eft'oct : but as to the third, he wondered 
how they could call the people of their 
country loyal, when some within these few 
days, brought in by major Cockburn from 
Fenwick, adhered to their being- at Pentland, 
and their taking the covenant at Lanark. 
Mr Fullarton ansviered, " As to any persons 
who do any thing tending to rebellion, or in 
prejudice of .authority, as it is exercised in 
the line of subordination to our Lord Jesus 
Christ, we disown them." Mr Fullarton 
designed this as a waving of this matter, as 
I suppose : if he was of opinion, that the 
rising at Pentland contained any thing con- 
trary to authority, as subordinate to Christ, 
he was alone, aud no presbyterians I know 
of, thought so. Thus the ministers got safe 
home and preached in theii- own houses, as 
ihey had done ; and the archbishop is dis- 
appointed in his harsh designs upon them: 
and my lord Cochran is said to have 
expressed himself pretty openly in a pet, 
" The ministers shall turn all upside down, 
before I meddle with them again." Indeed 
this year, conventicles were like the palm- 
tree, the more \^'eights were hung upon 
them, the more they grew ; and there Avere 
few presbyterian ministers in the west and 
south, but were preaching in their houses, 
and some in barns, and some few in the 

Although the ministers were thus dis- 
missed, it may be from some views the 
leading persons had of an approaching in- 
dulgence, yet, the very same day, a procla- 
mation against conventicles in the west, is 
emitted, discharging them, under heavy fines 
upon heritors ; and I give it from the regis- 

" The lords of his majesty's privy council, 
considering how for the keeping of con- 
venticles is contrary to law, and distiu'bs 
the peace of the kingdom ; and that not- 
withstanding conventicles are kept and fre- 
quented in the shires of Lanark, Kenfrew, 
Ayr, and stewartry of Kirkcudbright, they 
prohibit and discharge them, and discharge 
all heritors M'hatsomever, in these shires, to 
suffer or pei'mit any conventicles or private 

meetings, on pretence of religious worship, 
to be kept in houses, or lands pertaining to 
them : certifying, if they contravene, each 
heritor in whose bounds or lands a conven- 
ticle shall be kept, shall be fined in the 
sum of fifty pounds sterling, toties fjuotics ; 
and ordain these presents to be printed, and 
published in the places above." 

I have not seen the printed copy, but by 
several accounts before me of this period, I 
find, that when the proclamation was pub- 
lished, it contained a clause, ordaining ten- 
ants to be fined in a hundred pounds toties 
(juoties, for conventicles in their houses or 
ground, but this not being in the copy in the 
council books, I can say no more of it. The 
unreasonable imposition in this proclama- 
tion, is very plain : no exceptions are made, 
though the heritor were never so much a 
conformist; though he live not upon the 
place, though he had no hand in, nor gave 
any allowance to the meeting, yet he is 
made liable to this exorbitant fine. No 
question it was designed to put noblemen 
and gentlemen to look after their tenants, 
and take care none should be in their lands 
who would invite or countenance any of the 
outcd ministers: but in its very nature it 
appeal's most arbitrary and inijust; a punish- 
ment in many cases where there was no 
fault, aud a requisition of what was really 
impossible for heritors to perform. Neither 
are they, by the act, allowed, as the magis- 
trates of burghs, so much as a repetition of 
their fine, from their supposed guilty tenants. 
Frequently when things are stretched too 
far, they break, to the hurt of the stretcher ; 
so this imrighteous act broke itself, and 
indeed made the indulgence more pressed 
for by, and desirable to persons of rank. 
Thus violent men are taken in the pit which 
they digged for others, and the wicked 
snared in tlie work of their own hands. 
Happy was it for the heritors in the west, 
there was no Turner, Bannantyne, general 
Dalziel, nor standing army, now to execute 
this act. Thus it discouraged not people 
much to haunt conventicles, and presbyteri- 
an ministers went on to preach to a people 
who needed spiritual food very much, and 
received the word with all readiness of mind. 
However, in May and June this year, several 




ministers were brought before the council, 
till the indulgence began to appear: I give 
but one instance or t«o. 

Mr Matthew M'Kail, minister at Both- 
well, father, I suppose, to Mr Hugh, who 
was executed after Pentland, a true Natha- 
nael, and a very plain dealer, preached about 
this time Avithin a few miles of Paisley, to a 
considerable meeting in the fields, upwards 
of a thousand. His text was, Isa. xxxii. 5. 
From this he described the churl, so as 
many of his hearers applied it to one in that 
country of some rank. If the picture Avas 
scriptural, and indeed the preacher was very 
much master of the Bible, and so natural as 
to represent the guilty, he was not to be 
blamed for his hearers' application. Great 
noise was made of that sermon, but I do not 
hear Mr M'Kail Mas troubled for it. Mr 
Gilbert Hamilton was cited, but, either 
through mistake or moyen (influence,) was 
not called. INIr James Currie, minister at 
Shots, did not compear. Mr Andrew Mor- 
ton, minister at Carmunnock, appeared, and 
objected against the legality of his summons. 
New summons was ordered to be given him 
in due form, and he escaped at this time. 

June 3d, I find the council give commis- 
sion to the archbishop and provost of Glas- 
gow, to try who were at a conventicle lately 
kept in that city, what quality they were of, 
who were present, and how they stand af- 
fected to the government, and report. The 
occasion of this nas, Mr James Hamilton, 
minister at Blantyre, then living at Glasgow, 
had been informed against for preaching in 
his own house. Upon examination, he is 
seized by the magistrates, and sent in under 
a guard to Edinburgh, where he was pre- 
sented to the chancellor, who, after some 
conversation with him, saw good to commit 
him to prison. This worthy man used very 
great freedom when called before a commit- 
tee of council appointed to examine him, 
and was no way damped. Being asked, if 
he had preached in his own house at Glas- 
gow ? He acknowledged he had. And 
being further interrogated, how many his 
hearers used to be ? He answered, that 
these years bygone, when poor ministers of 
Christ were forced from their flocks, and, 
with difficulty enough, were able to subsist 

themselves and families, they had 
no money to hire palaces and 
castles to live in, and their lordships 
might easily guess any house he Mas able 
to take, could not contain great numbers 
of hearers, neither could he keep people 
from coming to his house, having no 
halberts to keep his doors, nor guards to 
make use of. Some of the members of the 
committee upbraided him with reflecting 
upon the archbishop of Glasgow-, in what he 
now spoke; and endeavoured to impress 
him M'ith the bishop's lenity and favour, in 
permitting him to live so long at Glasgow. 
Mr Hamilton answered. It was very easy to 
speak of lenity and favour, but he Mas assm-- 
ed he had not so much liberty and favour at 
GlasgoM', as Paul enjoyed under a violent 
persecuting heathen at Rome, where he 
remained tM'o years in his omu hired house, 
and preached the gospel, and no man m as 
forbid to come to him ; but the honest 
people of GlasgoM", and himself, had been 
frequently threatened M'ith great violence, if 
they did not forbear. Finding they Mere not 
like to gain any ground on him by their 
queries, they desired to laiow if he was 
M-ilHng, for the time to come, to give bond to 
preach no more this May. His return Mas, 
that he had his commission from Christ to 
preach the gospel, and he M'ould not take any 
restrictions upon himself, Avhatever force 
others might bring him under. The chan- 
cellor M'as pleased to ask him. Where his 
commission was ? He replied, Matth. xxviii. 
19. " Go teach and baptize." The chan- 
cellor replied. That is the apostles' commis- 
sion ; do you set up for an apostle ? No, my 
lord, said he, nor any extraordinary person 
either ; but that place contains the commis- 
sion of ordinary ministers of the gospel, as 
M'ell as extraordinary ambassadors, such as 
were the apostles. 

June 24th, the council sit and receive 
their committee's report, " That Mr James 
Hamilton, prisoner in the tolbooth of Edin- 
burgh, acknowledged, that he had several 
times preached and exercised divine M'orship 
in his OM'u house at GlasgoM', to his oMn 
family, and others beside his omu fiimily 
Mere present ; and that as he invited none, 
so he deban-ed none; and being asked by 





them, If he would mve assurance in 

time coming to keep no conven- 
ticles and to preach and exercise worship 
nowhere but iu his own house, and only to 
his own family, and such as should be occa- 
sionally present in his family on some other 
account, he refused. And being called in 
before the council, he adhered to what is 
above. The council order him to be kept in 
prison till he give caution in the terms 
above." And further statute and ordain, 
" that all ministers who shall hereafter be 
apprehended, or brought before the council, 
on account of conventicles, either by them- 
selves or others for them, shall give surety, 
for their peaceable deportment, and that they 
shall keep no conventicles, as said is; and in 
case of refusal, ordain them to be kept in 
prison, till they give surety, as said is, and 
be otherM'ise censured, as the coimcil thinks 
fit." Thus, upon Mr Hamilton's refusal, 
they form a general rule, Avhereby to proceed 
against all presbyterian ministers ; and this 
severity afterwards hindered ministers to 
appear before them, as hitherto they had 
done upon the first call: but when they 
must choose now either to come under a 
voluntary tie, to restrict themselves in the 
iiiiinsfry received from Christ, or undergo a 
perpetual imprisonment, they choosed rather 
to keep out of harm's way, as long as they 
could. This, within some time, brought on 
the denouncing and intercommuning of 
ministers. When they were cited to appear 
before the council, and, for the reasons 
above, durst not obey, caption was directed 
against them, and they were put to the 

Mr Hamilton was remanded to prison, 
and lay there a long time, till his brother 
Sir Robert Hamilton of Silverton-hill made 
interest for him, and got him out, after his 
health was considerably impaired by his 
imprisonment, and not till he had given bond 
of a thousand merks, to compear when called. 
The persecution reached several of the 
inhabitants of the town of Glasgow, his 
hearers; some of them were brought before 
the council, and obliged to give bond to keep 
iio more of his meetings. All those prose- 
cutions of ministers and others for conven- 
ticles, land in a new proclamation against 

them, of the date August .':<!, which being 
short 1 insert it here. 

" Charles, &c. Forasmuch as from our 
tender care and great zeal for preserving the 
peace and quiet of the church and kingdom, 
by our form^er proclamations we have dis- 
charged all private meetings and conventi- 
cles, under pretence of religious worship and 
exercise; yet, in divers places of this king, 
dom, divers outed ministers and others, take 
on them to preach and exercise the functions 
of the ministry, in meetings of oiu- subjects, 
not warranted by law, to the high contempt 
of our authority and government, to the 
disquiet of the peace of this church and 
kingdom ; therefore, we, with advice of the 
lords of our privy council (but derogation in 
any sort from our said former proclamations, 
or pains therein contained) do command all 
heritors timously to delate any who, within 
their bounds, shall take upon them to 
preach, or carry on worship, iu such unwar- 
rantable meetings and assemblies, and make 
their names known to the stcAvards, lords, 
bailies of regalities, sheriffs and their deputes, 
to magistrates of burghs, justices of peace, 
and officers and commissioners of the mili- 
tia, within whose bounds and jurisdictions 
they may be apprehended: and do hereby 
authorize and command the sherifts, and 
others foresaid, that after intimation made 
to them, that the persons foresaid are with- 
in their respective bounds, they make exact 
search and inquiry after them ; and if they 
be found, that they apprehend, and incar- 
cerate their persons, and acquaint the lords 
of privy council of their imprisonment; and 
require the magistrates of burghs to receive 
and detain them pnsoners,till further order; 
and that this they do, as they will be ans«er- 
able, under the highest pains. Likeas, that 
all our subjects be hereby advertised, that 
wc are resolved in the future, to put our 
laws and acts, statutes and proclamations, 
vigorously in execution against withdrawers 
from public worship in theii* own congrega- 
tions ; and ordain these presents to be printed 
and published." 

This is ^^hat I have met with ae to con- 
venticles this year, before the indulgence ; 
upon the granting of which, in the west, for 
some time, couventicles were not much 




noticed ; in other places, where few or none 
were indulffcd, they continued. 1 find, upon 
the last of September, William Southram, 
Avho had been prisoner in the Canongate 
tolbooth some months for beinji,'' at a con- 
venticle, is liberated, upon finding- caution 
under five hundred merks, to compear when 
called : and, December 9th, the lords of 
council being informed of a conventicle in 

Fife, kept at , where did take 

upon him to preach, and exercise all the 
functions of the ministry ; at M'hich conven- 
ticle were present Hamilton of Kinkel, 

John Balcanquel brother to the laird of 
Balcanquel, and John Geddie steward clerk 
of Fife. Letters are directed against them, 
to compear against this day eight days, 
under pain of rebellion. I find no more 
anent them for some time. There are some 
other steps of severity in this period, before 
the indulgence, I shall cast in, Avith some 
other matters in the last Section, that the 
thread of the account of things of the same 
nature, may be as little broken as can be. 
And now I come to give some account of 
the indulgence, begun to be granted in July 
this year. 

Of the first indulgence granted to presby- 
terians, July 1669. 

The full accounts of this and the following 
indulgences granted to presbyterians, shall 
be very much left to such who write a 
complete ecclesiastic history of this time. 
Perhaps too much is in print already anent 
the indulgence. I am sure too much was 
said and writ upon this head. The greatest 
heats were indeed some time after this, as 
may be noticed. Indulgences must not be 
reckoned part of our sufFeiings in this 
church ; yet being the occasion of differ- 
ences among good people, and a respite 
from suffering to several very worthy men, 
and really an aggravation of the severities 
exercised against others who shared not of 
this benefit, when allowed to some; my 
account of presbyterians under the cross, 
would be lame, without somewhat about 

them in the order of time when 


they were granted. 

By this time every body save the clergy, 
were sensible of the necessity of some liberty 
to dissenters from tJic present church estab- 
lishment in Scotland ; since by no means 
they could be brought over the belly of 
their light, and known principles and cove- 
nants, to subject unto prelates and their 
underlings. Multitudes through the nation 
were calling aloud for this, the courtiers 
began to promise it, and in private to put it 
into some shape. The earl of Tweeddale, at 
this time in no small favour with the king, 
and close friendship with Lauderdale, who 
was jealoused (suspected) by the bishops to 
retain some regard to his old friends the 
presbyterians, till his second marriage altered 
him very much : my lord Tweeddale, I say, 
had frequent conferences with some presby- 
terian ministers, concerning some liberty 
designed for them; particularly with Mr 
John Stirling, who Mas his own parish 
minister, Mr Robert Douglas, and some 
others. He prevailed with them to send 
up a letter to court, to be a handle to 
their friends at London to work upon in 
their favours. A copy of it I have not met 
with, but am informed it contained very fnll 
expressions of their affection to the king, 
their firm loyalty, and a disclamation of 
some positions now alleged to be treason- 
able, chai'ged upon some presbyterians. 
Tweeddale goes up to court, either with this, 
or a little after it, and found his work the 
easier there, that the presbyterians in Eng- 
land were at present connived at in their 
meetings, and in L-eland likewise, as appears 
from a part of a letter, April this year from 
a minister there to one in Scotland, a month 
or two befoi-e this, which I take liberty to 
insert, because we yet want a full account 
of the state of presbyterians there in this 
period. After his regretting the persecution 
in Scotland for conventicles, he adds, " but 
it is matter of rejoicing, that the Lord's work 
seems to be reviving here, (Ireland,) Christ 
hath a church here, that appears with the 
fairest face, and the cleanest garments, and 
has proven most faithful with God of any of 
the three, and really hath much of the light 





of liis countenance. The sun seems 

to be fairly risen on this land; 
whether it may be soon overclouded I 
cannot say, but presbyterians' lil)erty is 
in many places little less than Avhen they 
had law for them. They are settling 
their ministers with encouragement, and 
building public houses for their meetings, 
and providing vacancies with ministers. 
About a mouth ago, I had occasion to 
be at Dublin, where the sacrament of the 
Lord's supper was administrate publicly on 
the Lord's day, at the ordinary time, and 
some hundreds standing without, the doors 
and windows of a throng meeting-house 
being cast open; a public fast on the Thurs- 
day, two sermons on Saturday, and as many 
on Monday. To aU this I was a witness, 
and more than a Ai'itness. The harvest is 
great, the burden-bearers are few, and the 
few are not idle." But this only by the 
way. When a spirit of persecution is at 
some stand in England and Ireland, some 
favour was the more easily granted here; 
and, July 15th, a letter is presented by the 
earl of Tvveeddale to the council from the 
king, which I here insert from their records. 

" Charles R, 
" Right trusty, and right weU beloved 
cousins and counsellors, &c. Whereas by 
the act of council and proclamation at 
Glasgow, in the year 1662, a considerable 
number of ministers were at once turned 
out, and so deban'ed from preaching of the 
gospel, and exercise of the ministry ; we are 
graciously pleased to authorize you and our 
privy council, to appoint so many of the 
outed ministers, as have lived peaceably 
and orderly in the places where they have 
resided, to retiu-n and preach, and exercise 
other functions of their ministry in the 
parish cluu-ches where they formerly resided 
and served, (provided they be vacant) and 
to allow patrons to present to other vacant 
churches, such others of them as you shall 
approve of; and that such ministers as shall 
take collation from the bishop of the diocese, 
and keep presbyteries and synods, may be 
warranted to lift their stipends as other 
ministers of the kingdom : but for such as 

are not, or shall not be collated Ijy the 
bishop, that they have no warrant to meddle 
with the local stipend, but only to pos- 
sess the manse and glebe; and that you 
appoint a collector for those and all other 
vacant stipends, who shall issue the same, 
and pay a yearly maintenance to the said 
not collated ministers, as you shall see fit to 

" That all who are restored and allowed to 
exercise the ministry, be, in our name, and 
by our authority, enjoined to constitute and 
keep kirk-sessions, and to keep presbyteries 
and synods, as was done by all ministers 
before the year 1 638, and that such of them 
as shall not obey our command in keeping 
presbyteries, be confined within the bounds 
of the parishes where they preach, ay, and 
while they give assurance to keep presby- 
teries for the future. 

" That all who are allowed to preach, be 
strictly enjoined not to admit any of their 
neighbour or any other parishes unto their 
communions, nor baptize their children, nor 
marry any of them, without the allowance 
of the minister of the parish to which they 
belong, unless it be vacant for the time. 
And if it be found, upon complaint made 
by any presbytery unto you our privy coun- 
cil, that the people of the neighbouring or 
other parishes resort to their preachings, 
and desert their own parish chui'ches, that 
according to the degree of the offence or 
disorder, you silence the minister who coun- 
tenances the same, for shorter or longer 
time ; and upon a second complaint verified, 
that you silence again for a longer time or 
altogether tura out, as you see cause ; and 
upon complaint made and verified, of any 
seditious discourse or expressions in the 
pulpit, or elsewhere, uttered by any of these 
ministers, you are immediately to turn them 
out, and fui'thcr 2)unish them according to 
law and the degree of the offence. 

" That such of the outed ministers who 
have behaved peaceably and orderly, and 
are not re-entered, or presented as aforesaid, 
have allowed to them four hundred merks 
Scots yearly, out of the vacant churches, 
for their maintenance tiU they be provided 
of churches ; and that even such who shall 




give assurance to live so for the futui'e, be 
allowed the same yeai-ly maintenauce. 

" And seeing by these orders we have taken 
away all pretences for conventicles, and 
provided for the wants of such as are, and 
will be peaceable; if any shall hereafter be 
found to preach without authority, or keep 
conventicles, our express pleasure is, that 
you proceed with all severity against the 
preachers and heai'ers as seditious persons, 
and contemners of our authority. So 
leaving the management of those orders to 
your prudence, and recommending them to 
yom* care, we bid you fai'ewell. By his 
majesty's command. 

" Lauderdale. 
" Given at oiu- court at WliitehaU, 
June 7th, 1669." 

A gi'eat deal hath been said pro and con 
upon this letter in print ; and I shall upon 
this subject keep to matter of fact, and add 
nothing to revive the old burnings, scarce 
yet extinguished. But it seems necessary to 
remark, that the reader may not thinlv aU 
the clauses of this letter equally executed, 
that, as far as I can find, the matter of the 
four hundred merks yearly the king- here 
allows for the maintenance of outed minis- 
ters, was never made forthcoming to many 
of them, neither have the accounts of any 
not indulged, who shared in the vacant 
stipends, come to my hand. Whether this 
was from the failing of the fund, or their 
continuing to preach to their own families, 
when there was not access to hear the 
indulged, or from their want of interest 
among the managers, or that this clause 
was only designed as a blind to make the 
rest go the better down, the judgment of 
peaceable and orderly behaviour being still 
in the managers' hands, or that it was pre- 
vented, as too much favourby the bishops and 
their friends, though once intended at court, 
I know not. I only add further, that upon 
the Sth of July, "The council finding, by 
act of parliament aU the vacant stipends since 
the (year) IQQA; were to be uplifted for the 
increase of the stock of universities, and a 
collector appointed ; a committee is ordered 
to examine how that affair stands." This 
seems to have been a fetch of the bishops. 

when they knew the indulgence was , „„f. 
. •' " 1669, 

a coming, to prevent at least, one 

part of the king's will ; and an act of par- 
liament, allocating the vacant stipends to 
universities, would be a good handle, at least, 
to prevent the foiu- hundi-ed merks to the 

When the king's letter was read in coun- 
cil, it appeared extremely dissatisfying to 
the prelates and their party; and the chan- 
cellor is reported to have said pretty openly, 
he would prevent its being of any use to 
the fanatics in Fife. This opposition to 
any favour to presbyterians, delayed the 
gi-anting it for some days, and there was a 
committee named, to whom the king's letter 
Avas referred. The act of reference is, " The 
lords of his majesty's privy council appoint 
the lords archbishops of St Andrews and 
Glasgow, the lord duke of Hamilton, the 
eai'ls of Argyle, Tweeddale, Kincai'dine, and 
Duudonald, ( i. e. the lord Cochi-an, whose 
patent for earl of Dundonald is read in 
council, June 3d this year,) the lord presi- 
dent, register, advocate, and lord of Lee, or 
any five of them, to consider the foresaid 
letter, and of the fittest way how the king's 
pleasure herein may be made effectual, and 
to report, and recommend it to the chancel- 
lor to be present at the meetings of the said 
committee." In this interval, the lords of 
the clergy, and some of their orthodox minis- 
ters, had a meeting to fall upon means to 
hinder the indulgence, which they appre- 
hended would be ruining to their interest. 
No practical measures could be proposed to 
prevent it altogether, since the king had 
made known his pleasure : but bishop Shaq), 
to comfort his bretlu-en, pi'omised to do his 
utmost to make it a bone of contention to 
the presbyterians. Indeed he wanted not 
abundance of serpentine subtiHty ; and when 
his attempts to break it altogether failed, he 
set himself with aU vigour to have it so 
clogged from time to time, as to break 
ministers and people of the presbyterian 
judgment among themselves. 

The committee named to ripen this mat- 
ter, had before them the fixing upon the 
ministers to be indulged, and the draughts 
of the council's acts thereanent ; and when 
these are ready, and the ministers advertised. 




with whom they were to hegin, this 
was laid before the council, and 
approven. I shall give the acts and ministers' 
names, as I find them standing in tlie coun- 
cil books, and add any thing I find further 
noticeable from other papers. "July 27th, 
the lords of his majesty's pi'ivy comicil, in 
pursuance of his majesty's letter, dated June 
7th, do nominate and appoint the following 
persons to preach, and exercise the other 
functions of the ministry at the following 
vacant kirks vmderwritten. Messrs Ralph 
Rogers, late minister at Glasgow, at Kilwin- 
ning; George Hutchison, late minister at 
Edinburgh, at Irvine ; William Vilant, late 
minister at Ferrie, at Cambusnethan ; Ro- 
bert MUer, late minister at Ochiltree, at 
the same kirk ; Robert Park, late minister 
at Stranraer, at the same kirk; William 
Maitland, late minister at Whithorn, at 
Beith ; John Oliphant, late minister at 
Stonehouse, at the same kirk ; John BeU, 
late minister at Ardi'ossan, at the same kirk ; 
John Cant, late minister at KeUs, at the 
same kirk ; John M'Michan, late minister at 
Dahy, at the same kirk. — (Also) " The 
lords of his majesty's privy council, in pm-- 
suance of his majesty's pleasure in the said 
letter of June 7th, in his majesty's name and 
authority, command and ordain all such 
outed ministers, who are or shaU be appoint- 
ed to exercise the ministry, that they con- 
stitute and keep kirk-sessions, and keep 
presbyteries and synods, as was done by all 
the ministers before the year 1638. And the 
council declare, that such of them who do 
not keep presbyteries, shall be confined 
within the bounds of the parishes where 
they preach, ay and while they give assur- 
ance to keep the presbyteries. The council 
does strictly command and enjoin all ^^'ho 
shall be allowed, as said is, not to admit any 
of their neighbour or other parishes nnto 
their communions, nor baptize their childi'en 
nor marry any of them, without the allow- 
ance of the minister of the parish to which 
they belong, unless the parish be vacant for 
the time, not to countenance the people of 
the ueigbboiu"ing- or other parishes, in re- 
sorting to their preachings, or deserting 
their own parish churches: and that here- 
unto these give due obedience, as they shall 

be answerable. And ordain these presents 
to be intimated to every person who shall, 
by the authority aforesaid, be allowed the 
exercise of the ministry." 

Thus the matter of the indulgence, as 
coming from the council, stands ; and I 
shall give an account of all the rest of the 
persons indulged together, if once I had 
considered the circumstances of the first 
ten, when they receive their allowance from 
the council. All the accounts I have seen, 
make it the 3d of August this year, when 
the above named ministers, and with them 
Messrs John Scot, WiUiam Hamilton, and 
others in the following list of this day's 
date, appeared before the council: but I 
find nothing in the books of council of this, 
neither the copy of acts of indulgence given 
them upon this day, inserted from other 
accounts, which I find no ground to ques- 

The ministers when come to Edinburgh, 
after consultation among themselves, and as 
many of their brethren as they could have 
access to, agreed to make a declaration to 
the council, against what had the appearance 
of evil in their indulgence, and laid it upon 
Mr Geoi'ge Hutchison to deliver their mind. 
When they came in before the council, the 
chancellor signified to them the king's good- 
ness in allowing them the exercise of their 
ministry, and desired them to manage well, 
and told them, the clerk would read and 
give them their acts of indulgence. These 
were of two shapes ; the one was inito such 
as were indulged unto other kirks than they 
had been formerly settled at. The tenor of 
Mr Rogers' act, the first in the list of this 
kind, ran thus : — " The lords of his majesty's 
privy council, in pursuance of his majesty's 
commands signified the 7th of June last, do 
appoint Mr Ralph Rogers, late minister at 
Glasgow, to preach and exercise the other 
functions of the ministry at the kirk of 
Kilwinning." This act was signed by aU 
the members of the council in town, save 
the two archbishops. The other form was 
to such of the ministers, as were appointed 
to their own chm-ches now vacant: and the 
tenor of Mr Millar's, the first in the list of 
this sort, follows: — " Forasmeikle as the 
ku-k of Ochiltree is vacant, the lords of his 




majesty's privy council, in pursuance of liis 
majesty's command signilicd by liis letter of 
the 7th of June last, and in regard of the 
consent of the patron, do appoint Mr Robert 
JNliller, late minister there, to teach and 
exercise the other functions of the ministry 
at the said kirk of Ochiltree." — This kind 
Avas signed as above ; and both sorts were 
delivered, after reading by the clerk, to the 
hands of all the ministers ])resent, respec- 
tively : and after all had got them, the clerk 
was ordered to read the act above set down, 
dated July ^Ttli, containing what was called, 
theii" injunctions, which was read to them 
all. After which, Mr George Hutchison 
craved leave from the council to speak ; and 
being allowed, dcliveixnl himsell" thus ; 

" My lords, 

" I am desired, in the name of my brethi'en 
here present, to acknowledge in all hmnility 
and thanlvfidness his majesty's royal favour, 
in granting us liberty, and the public exer- 
cise of our ministry, after so long a restraint 
from the same ; and to return hearty thanks 
to your lordships, for the care and pains 
taken therein, and that your lordships have 
been pleased to make us, the iniM orthiest of 
many of oiu* bretlu'en, so early partakers of 
the same. 

" We having received our ministry from 
Jesus Christ, with full prescriptions from 
him for regulating us therein, must in the 
discharge thereof be countable to him : and 
as there can be nothing more desirable or 
refreshing to us upon earth, than to have 
free liberty of the exercise of our ministry, 
under the protection of lawful authority the 
excellent ordinance of God, and to us most 
dear and precious; so we pui-])ose and 
resolve to behave oiu'selves in the discharge 
of the ministry, Avith that \A'isdom and pru- 
dence which becomes faithful ministers of 
Jesus Christ, and to demean oiu-selves to- 
wards laAvful authority, notwithstanding of 
our known judgments in church affairs, as 
well becomes loyal subjects, and that from 
a principle of conscience. 

" And now, my lords, our prayer to God 
is, that the Lord may bless his majesty in 
his person and government, and your lord- 
ships in your public administrations ; and 

especially, in pursuance of his ma- . 
jesty's mind testified in his letter, 
wherein his singuhu- moderation eminently 
apjjears, that others of oiu- brethren may in 
due time be made sharers of the liberty, 
that through his majesty's favour we now 

So hard a matter is it to please sides and 
parties, that in a diiricult divided time, such 
Avho essay to take the middle way, ofttimes 
displease both. Mr Hutchison's discoiu-se 
was by some thought too soft and general, 
and not a sufficient testimony against the 
plain erastianism that appeared in the king 
and council's procedure ; and upon the other 
hand it fretted and galled some of the coun- 
sellors, as being too plain. When the design 
Avas going on to indulge some more minis- 
ters, it Avas resolved by some of those Avho 
Avere next to appear before the council, to 
deal yet more plainly AAith them, as to their 
mission and instructions being allenarly from 
Jesus Christ. This took air, and the coun- 
sellors Avho were ofi'ended at the former 
speech moved one day in council, that su(;h 
as should be indulged, should no more be 
brought before the council, but have their 
acts of faA'our sent them. 

I shall noAV give the names of sucli Avho 
Avere indulged at other council-days this 
year, all together with their dates. They 
had the same acts sent to them, and the 
same injunctions intimated to them as above. 
Besides the first ten indulged, July 27th, 
there Avere indulged and aUoAved : — August 
3d, Messrs John Scot, late minister at 
Oxnam, there ; William Hamilton, late min- 
ister at Glasford, at Evandale; Robert 
Mitchell, late minister at Luss, there ; John 
Gemble, late minister at Sjonington, there ; 
Patrick Campbel, late minister at Inverary, 
there ; Robert Duncanson, late minister at 
Lochanside, at Kildochrenan ; Andrew Ca- 
meron, late minister at Kilfinnan, at Loch- 
head in Kintyre. — September 2d, Messrs 
Robert Douglas, late minister at Edinburo-h, 
at Pencaitland ; MatthcAV Ramsay, late min- 
ister at Kilpatrick, at Paisley ; Alexander 
Hamilton, late minister at Dalmeny, there ; 
AndreAV Dalrymple, late minister at Auchin- 
leck, at Dalgen ; James Fletcher, late minis- 
ter at Newthorn (Neutliorn), there; Andrew 



[BOOK 11. 

M'Lean, late minister at Crai^ies, 
at Kilchattan ; Donald Morisou, 
late minister at Kilmaglass, at Ardnamm-- 
chau. — September 30th, Messrs John Stii-- 
ling, late minister at Edinhurg h, at Ilownam ; 
llobert Mowat, late minister at Temple, at 
Heriot; James Hamilton, late minister at 
Eag-lesham, there ; Robert Hunter, late min- 
ister at Corstorphine, at Dinning ; John For- 
rest, late minister at Tulliallan, at Tillicul- 
try. — December 9th, Messrs James Veitch, 
late minister at Mauchlin, there ; Alexander 
Blair, late minister at Galston, there ; John 
Primi-ose, kte minister at QueensfeiTy, 
there ; David BroAvn, late minister at Craigie, 
there; John Crawford, late minister at 

, at Lamington. — December 16th, 

Ml- John Bau-d, late minister at Innerwick, 
at Paisley.— Januaiy 1st, 1670, Mr William 
Tullidaff, late minister at Dunboig', at Kilbir- 
nic— January 27th, Mr Alexander Wedder- 

biu-n, late minister at , at Kihiiarnock. 

— March 3d, Rlessrs John Lawder, late 
minister at Dalziel, there ; George Ramsay, 

late minister at ■ , at Kihnauers ; John 

Spaldiu, late minister at , at Dreg- 
horn; Thomas Black, late minister at , 

at Newtile; Anckew M'Lean, late minister 
at , at Killaro and Kilquhanan ; An- 
drew Duncanson, late minister at , 

at Kilchattan in Lorn. 

These are such as I have met with, who 
had the favom- of this first indulgence, two- 
and-forty in all. I shall only add the coun- 
cil's acts anent Mr Robert Douglas, and 
Mr John Baird, as being a little distinct 
from the rest. That for IMr Douglas runs, 
September 2d, " Forasmuch as the kirk of 
Pencaitland is Vacant by the death of Mi* 
Alexander Verner, late minister there, and 
a process depending anent the patronage of 
that kirk, and the kirk will vaik if remeed 
be not provided ; the lords of coimcil have 
thought fit, in pursuance of the king's letter, 
for this time, and diu-ing this vacancy, to 
appoint Mr Robert Douglas, late minister 
at Edinburgh, to preach, and exercise the 
functions of the ministry thereat, but preju- 
dice of the patronage, when declared by the 
judges ordinary." The act anent Mr John 
Baird, is dated December 16th, and runs 
" The lords of his majesty's privy council 

considering, that Mr Matthew Ramsay, who 
is appointed to preach, ana exercise the 
function of the ministry at Paisley, is not 
able of himself, by reason of infiimity of 
body, do, in regard of the patron's consent, 
and that of Mr JVIatthew Ramsay, appoint 
Mr John Baird, late minister at Innerwick, 
to preach and exercise other functions of 
the ministry at Paisley." 

No more oifers to me this year anent the 
indulgence, unless it be an act of council, 
December 29th, which, I imagine, has some 
reference to this. Its tenor is, " The coun- 
cil being dissatified with the transaction 
between the parishioners of Stewarton and 
their minister. Mi* Alexander Ogilvy, where- 
by he hath agreed to desert the said kirk, 
declare they Avill not allow the cure at the 
said kirk to be served in any timie hereafter, 
but by persons of loyal and orthodox prin- 
ciples." It would seem, that upon the 
granting indidgences to so many parishes, 
others who were overlooked, offered the 
curates a piece of money to leave themj 
and some of them were willing euough to 
do it, and to try their fortune elsewhere ; 
and by this act the council endeavour to jjre- 
vent these transactions. 

Thus I have given a plain naiTation of 
matter of fact, as to this fii'st indulgence, 
from the public papers I have met with. 
This was the fii'st, and, as many thought, 
the best shape in which this public favour 
to presbyterians stood. The bishops feared 
it, and opposed it very much ; and Avhen no 
better could be, they endeavoured to make 
it the ap2)le of dissension among presbytei'ian 
ministers and people. Upon the other hand 
it is beyond denial, the Lord, in his holy 
providence, had much good to bring out of 
it, to the famishing souls of thousands; 
and eventually, tlu-ough the sinful passions, 
venting themselves upon all hands, undoubt- 
edly much evil followed upon it. As it ^\ns 
very satisfying unto many, in the fii'st reports 
of it, so they were much disappointed when 
it appeared upon so narrow a bottom, and 
clogged so much with restrictions. They 
lamented that it flowed from the exercise of 
regal supremacy, which none of the takers 
professed any Avay to allow of. The want 
of the call of the people, or their consent. 




when tlie patron's was expressed, was gra- 
vaminons ; and yet nothing- is more certain 
than that the people most willingly received 
the ministers when they came. The minis- 
ters were required to do evil, hut they did it 
not, and were made a kind of prisoners in 
their o«'n congregations, and their neigh- 
bours discharged to partake of their minis- 
try; yet the prohibition was not obeyed. 

Very knowing, judicious, and solid Chris- 
tians and ministers differed in their senti- 
ments of this indulgence. Upon the one 
hand it was looked upon as the opening a 
door to a larger and clearer liberty unto 
the presbyterians in Scotland; and indeed 
grounds were not wanting at this junctiu-e, 
for entertaining views of this sort : but in 
the event it proved otherwise. Its first 
appearance was fairest, and afterwards it 
turned dai'ker. Further, it was said to be 
a mere removal of the unjust restraint put 
upon ministers by the council's act at Glas- 
gow', and a nullifying of the prelates' sen- 
tences of deposition, pronounced against such 
who were not reached by that act ; neither 
of which the ministers had ever submitted 
to, but in so far as they were forced by 
violence. Upon the other hand it was 
reasoned, that the laws now in being, having 
cassed and rescinded the act for the refor- 
mation-privileges of this church 1592, and 
those since the (year) 1638, and taken 
away the intrinsic power of the church, and 
its due constitution ; the council's actings, in 
consequence of this rescission, could not 
but be highly Erastian, in transporting 
ministers, fixing relations to other congre- 
gations, and restricting and limiting them in 
the exercise of their function. It was lu-ged, 
tliat the indulgence would never have been 
assented to in council, had not its advocates 
made it out, that it Avould weaken, if not 
ruin presbyterians, by breaking that close 
correspondence and harmony they had 
hitherto maintained among themselves, by 
their being precluded from new ordinations, 
Avhich was what the bishops feared above all 
things; and by their being bound up from 
visiting the country, and watering the people 
up and down, who were dissatisfied with 
prelacy. Lastly, it was feared that this 
license to a few, would he accompanied 

with severity to the rest of the min- ,^„„ 

isters, and a persecution of that body 

of presbyterians up and down, who could 
not have access to the ministry of the in- 
dulged; and might now come to be de- 
prived altogether of the gospel. Within 
a little indeed the presbyterian ministers 
were banished from Edinburgh, and conven- 
ticles punished ^vith greater rigour ; yet it is 
sure they increased under this indulgence. 

Notwithstanding of those different senti- 
ments, in a matter which indeed could only 
be fully judged of by its fruits and conse- 
quents complexly taken, yet it seemed 
agreed to, almost by everybody, that, in this 
troubled state of the church, ministers might 
M'arrantably accept of this liberty to preach 
in their own congregations, from which they 
had been violently forced, or in other places, 
until a door was opened in providence, to 
return to their own charges, provided a due 
testimony were given against the manner of 
granting this favour, which all reckoned 
gravaminous. Accordingly, the whole min- 
isters pitched upon were Milling to accept ; 
and, by the consent of their brethren, the 
whole presbyterians through Scotland,cheer- 
fuUy submitted to their ministry, as they 
had access. Matters continued thus as far 
as I can learn, till some of the banished 
ministers in Holland, perhaps at first upon 
misinformations, or at least incomplete 
accoimts from Scotland, some time after 
this, wrote over some letters, and sent home 
some reasons against joining with the 
indulged. This began a flame, which, by 
degrees, rose to a very great height. It 
must be owned, the Lord eminently counte- 
nanced the labours and ministry of the in- 
dulged ; and they could not but acknowledge 
they had as great and sensible assistance in 
the work of the gospel, as ever they had 
formerly known ; and their success among 
their hearers was not small : so, whatever 
scruples came, in process of time, to be 
raised among some of the people ; yet the 
bulk of presbyterians kept by them, and 
persons of rank went on to use their utmost 
interest with the coimcil to have more and 
more indulged ; till, about half a year after, 
the council shut the door, and would allow 
no more. The difficulties they met with. 




and furtlier pressui-es laid upon 
tliein very quickly, will come to be 
noticed in theii* omti place, next year. 

Of the proceedings of the parliament, which 
sat down October I9th, 1669, in as far as 
they relate to the church. 

I COME forward to the actings of the parlia- 
ment, which succeeded the indulgence, and 
passed such laws as were to the prelates 
some way a balance to it ; and shall give 
some account of them all together, and then 
gather up several particidars throughout this 
year, I have hitherto passed, of design to 
put them together in the last section. The 
great design of this session of parliament, 
was, to give some beginning to a project 
noAV on foot, in order to an union with 
England. This matter being mostly civil, I 
leave it very much to such who write the 
history of this reign. It was thought by 
the most discerning persons, that this pro- 
jected union was designed for advancing 
arbitrary government, and the encroaching 
upon the liberties of the house of commons 
in England, who at this time made a stand 
against court measures. The lovers of li- 
berty did then apprehend, that two distinct 
parliaments were less liable by far to be 
brought into arbitrary measures, than one 
imited parliament. Accordingly, next year, 
after the Scots parliament had given into 
the king's measm-es, and empowered him to 
nominate commissioners for Scotland, the 
commons in England turned peremptorily 
against it, and could not be brought into 
what they reckoned eversive of their own 

A proclamation was issued out, July 15th, 
for calling a new parliament ; and care was 
taken to dispose the elections so as the king 
and the bishops might be exactly served, 
and any arbitrary and illegal steps taken by 
the council, approven. I find the king's 
advocate, September 2d, is ordered by the 
council, to pursue before the parliament, a 
process of forfeiture against those guilty of 
rebellion, 1666, who are excepted forth of 
his majesty's indemnity, and are not already 

forfeited, or had not received his majesty's 
remission. And, October 1 1th, Lauder- 
dale's commission to represent his majesty 
in this parliament, is read, and recorded in 
the council registers. October 19th, this 
session of parliament was opened with read- 
ing the king's letter, Vhich relates only 
almost to the designed union.* The com- 
missioner, who is intrusted with this great 
atfair, in a speech, which is in print, recom- 
mends this matter most earnestly ; and, to 
engage the bishops and their party in pai*- 
liament, A^hom he had grated a little in the 
business of the indulgence, to fall in the 
more heartily, " He insists at great length 
upon the king's fixed resolution, unalterably 
to maintain episcopacy ; he commends it 
highly, and assures them the king will not 
allow of conventicles, especially since he 
had granted an indulgence, and presseth the 
bearing doMTi of them : and, at the conclu- 
sion of his speech, effectually to carry the 
prelates to his side, he again repeats all the 
assiu-ances formerly given in their favour." 
The parliament, in their return, which is 
likewise printed, take notice of the king's 
letter in every branch of it, and express 
abundance of loyalty ; but do not notice the 
commissioners' harangue anent the bishops. 
All the membei'S sign the declaration, which 
obliged them to maintain episcopacy. Gene- 

• " Lord Lauderdale's speech ran upon two 
heads. The one w^as, the recommending to their 
care the preservation of the chui'ch, as establish- 
ed by law ; upon ■which he took occasion to 
express great zeal for episcopacy. The other 
head related to the imion of both kingdoms. 
All that was done relating to that, vi'as, that an 
act passed for a treaty about it. And in the 
following summer, in a subsequent session, com- 
rrnssioners ■were named, who went up to treat 
about it. But they made no progress ; and the 
thing fell so soon, that it was very visible it was 
never intended in good earnest." Burnet's His- 
tory of his Own Times, vol. i. pp. 4-17, 418. 

Being satisfied that the above is a just and 
true statement of this case, we do not think it 
advisable to lumber our pages with any more 
particular detail of this affair. The reader, 
who is curious to see with how much seeming 
seriousness self-interested men, of whatever 
rank they may be, can talk when they mean 
nothing, may consult Mackenzie's History of 
Scotland, where they will find the letter here 
alluded to, a long speech of Sir George Mac- 
kenzie's on the subject of that letter, together 
with minutes of the proceedings of the commis- 
sioners appointed to carry that project into efl^ect. 
—pp. 143—155, 193— 211.— £rf. 




rally they had taken it before, for there was 
no jrreat alteration of members from the 
last parliament. I restrict myself to their 
actings with relation to the chm-ch and 
presbyteriaus ; and there are only a few acts 
which look this way. 

Their first act this session is, that re- 
markable and highflying- one, " asserting his 
majesty's snpreniacy in all cases ecclesiasti- 
cal, and over all persons;" which I have 
insert below.* What hath been observed 
in the former book, upon the oath of alle- 
giance, as it was termed, the declaration, 
and the acts of parliament 1662 and 1663, 
will save me the trouble of many things 
wliich might come in here; yet so odd and 
extraordinary an act natively offers not a 
few remarks.f Such who violently opposed 
the indulgence, tell us, this act ^vas framed 
to save the council from the treason they 
were guilty ot^ by granting it contrary to 

* yict anenl the supremacy, November IQth, 1669. 
The estates of parliament having seriously 
considered, how necessary it is, for the good and 
peace of the church and state, that his majesty's 
power and autliority, in relation to matters and 
persons ecclesiastical, be more clearly asserted 
by an act of parliament, have therefore thought 
fit it be enacted, asserted, and declared ; likeas, 
his majesty, with advice and consent of his 
estates of parliament, doth liereby enact, assert, 
and declare. That his majesty hath the supreme 
authority and supremacy over all persons, and 
in all causes ecclesiastical within this his king- 
dom ; and that by virtue thereof, the ordering 
and disposal of the external government and 
policy of the church, doth properly belong to his 
majesty and his successors, as an inherent right 
to the crown ; and that his majesty and his 
successors may settle, enact, and emit such 
constitutions, acts, and orders, concerning the 
administration of the external government of 
the church, and the persons emi)loyed in the 
same, and concerning all ecclesiastical meetings, 
and matters to be proposed and determined 
therein, as they in their royal wisdom shall 
think lit; which acts, orders, and constitutions, 
being recorded in the books of council, and duly 
published, are to be observed and obeyed by all 
his majesty's subjects, any law, act, or custom to 
the contrary notwithstanding : likeas, his ma- 
jesty, with advice and consent foresaid, doth 
rescind and ainuil all laws, acts, and clauses 
thereof, and all customs and constitutions, civil 
or ecclesiastic, which are contrary to, or incon- 
sistent with his majesty's supremacy, as it is 
hereby asserted, and declares the same void and 
null in all time coming. 

f This act was abhorred by all p.irties, and 
seems to have been a mere state trick, intended 
to lay the ecclesiastical power, whoever might 
exercise it, at the feet of the civil. Burnet was 

standing laws and acts of parliament. 
Indeed several acts of parliament do 
seem to run cross to it : the act of restitution, 
1662, says, " That all church power is to be 
regulated and authorized in the exercise 
thereof, by the archbishops and bishops, 
who are to put order to all ecclesiastical 
matters and causes, and to be accountable 
to his majesty for their administration." 
And by the 4th act of that same session of 
parliament, it is expressly ordained and 
statuted, " That none hereafter be permitted 
to preach in public, within any diocese, 
without the license of the ordinary." And, 
act 1st, sess. 3d, 1663, the king seems to 
bind up himself in this matter, and promises, 
" Not to endure, nor give way or connivance 
to any variation from the established church 
government." And the same act recom- 
mends it to the council, " To punish all 
preachers without the bishop's license, &c. 

of opinion, it was a contrivance of Lauderd.ile, 
who, having found out the secret of the duke of 
York's religion, intended, by laying the church 
of Scotland at his mercy, to pave the wiiy for 
that line of conduct which, on his accession he 
adopted ; and thus to secure himself in his 
favour. — Burnet's History of liis Own Times, 
vol. i. i)p. 418, 419. Sharp, we are told by Mac- 
kenzie, preached to this parliament, the first 
Sabbath after the archbishop of Glasgow had 
been confined, on which occasion he stated three 
pretenders to supremacy, the pope, the king, and 
the general assembly of the presbyterians, all 
whose several pretences he disproved at great 
length, " for which," adds the historian, " it 
was thought he had been turned oiY if the arch- 
bishop of Glasgow had not suffered so lately, — 
but occasion was taken from this, to propose in 
the articles that his majesty's supremacy should 
be yet more fully explained by act of parliament, 
that no scruple might remain from the extrava- 
gant insinuations of either the Jiire-divino epis- 
copist or presbyterian. Most of the lords of the 
articles inclined to the motion, because by this, 
all the government of the church would fall in 
the hands of Laics, and especially of counsellors, 
of which number they were, — and the nobility 
had been in this, and the former age kept so far 
under the subjection of insolent church men, 
that they were more willing to be subject to 
their prince, than to any such low and mean 
persons as the clergy, which consisted now of the 
sons of their own servants or farmers,— and the 
bishops had so far and so often insinuated when 
his majesty was zealous for their hierarchy, that 
all power resided in him, and that presbytery was 
ant) monarchical, because it restrained this his 
just power, as that now the people were induced 
to believe that the government of the church 
was but an arbitrary policy, which the magis- 
trate might alter as he pleased." — Mackenzie's 
History of Scotland, pp. 159, 160. — £d. 



I1500K II. 

as seditious persons." From these 
' it would appear, that the king and 
privy council had taken upon them to cass 
those acts of parliament : and, as was now 
ordinary, the voters in council needed a new 
act of parliament to save them from guilt in 
this respect. The two archbishops indeed 
pleaded the indulgence was contrary to law, 
and would never be present, or vote in any 
thing relative thereto. But I do not think 
the lords of council were in any great appre- 
hensions of their hazard this way. The king's 
w ill Mas declared by the parliament to be 
their law. The bishops were in their man- 
agement of church affairs entirely subjected 
unto the king, their power was entirely 
derived from the supremacy, and all with 
respect to the church had been very fairly, 
though most iniquitously, put into the king's 
hand ; and the counsellors, by the present 
unhappy constitution, seem safe enough, 
since the king was made absolute, and par- 
liaments and their acts were but pieces of 
form, especially as to ecclesiastical matters. 
The real spring of this act anent the supre- 
macy, seems to have been the little sputter 
made by the archbishop of Glasgow, and 
his diocesan synod, this year, against the 
exercise of the supremacy, when it struck 
against them; of which some account shall 
be given in the following Section. 

To return to the act itself, the narrative 
containing the reason of making this act 
now, is, " The good and peace of the church 
and state, which required a clear assertion 
of his majesty's power, in relation to matters 
and persons ecclesiastical." How far the 
procedure at Glasgow needed such an asser- 
tion, I shall not say ; but how the good and 
peace of any right constitute church, can be 
advanced " by the utter removal of all 
church power," I cannot see. It was Avell 
known however, our managers opened so 
plainly against all power ecclesiastic, this 
positive discovery of the mind of the im- 
posers, did very much put an end to the 
former debates about the oath of allegiance, 
as it was called ; and is so plain a sense put 
upon it, that it does not appear how any 
after this, who had not abandoned our 
reformation, yea, the owning of all spiritual 
po^ver in the church, as a Christian society, 

could fall in with it. What follows in 
the assertory pai't of the act, " supreme 
authority and supremacy over all persons 
and causes ecclesiastical," is as full as words 
can make it, and hath been already con- 
sidered. What is comprehended in the 
" external government and policy of the 
church," I do not well know; but all 
included in that, is now to be disposed 
according to the " royal wisdom ;" and if the 
wisdom of the world, to ^hich the things of 
God are foolishness, think proper to take 
away all external government and policy, 
certainly the king is here empowered to do 
so. If he shall see good to remove the 
lords the bishops, I know not how they can 
well complain, since they have consented to 
it. If a parity in the government of the 
church be found best, the king hath a door 
set open to him: but the prelates, no doubt, 
were persuaded of better things concerning 
the king. Yea, if royal Avisdom should see 
good, as some of the king's predecessors 
had done, to write letters unto the holy 
father the pope, if he should be owned as 
the universal bishop and centre of unity to 
the western churches, if his authority and 
jurisdiction should be again introduced; all 
is but what the law permits to be done; 
none of the clergy who went into these 
measures must complain, and probably few 
of them Mould. 

Though so vast a power was found proper 
to be lodged in the hands of so religious 
a prince as king Charles II. yet, who knew 
who was to be after him, " a wise man, or a 
fool ?" It appeared then very hard to all 
real protestants, that such a trust was put 
likewise in the hands of his successors ; 
especially when the apparent successor was 
a papist, and his principles obliged him, and 
this act allowed him to put this church, as 
to its government and policy, in the hands 
of the pope. I own, if that which follows 
were true, that this disposal of the govern- 
ment and policy, " is an inherent right in 
the crown," it must natively devolve with 
the crown to the successors: but I hope, 
none who read the Bible with any reflection, 
will allow this to inhere in any crown, but 
his " on Avhose head are many crowns." 

" That the king and his successors may 




settle, enact, and emit such constitutions 
anent churcli government, persons employed 
in it, ecclesiastic meetingfs, and matters to 
be proposed and determined therein, as they 
in their royal wisdom shall thinli fit," is such 
a thrust at the very being- of a church, as an 
organized body with a head, and a modelled 
spiritual society, that I doubt if ever a 
greater was given under colour of law. A 
set of gentlemen of the principles of the 
" Tale of a Tub," the « Rights of the Chris- 
tian Church," the " Essay on Free Think- 
ing," and others who are " a new increase 
of sinners," unknowTi to former times, might 
be excused, had they sat in our parliament : 
but for Scotsmen, many of whom had taken 
the covenants, and known better things, to 
enact such a law, is somewhat more than 
surprising. The sovereign may act, not 
only in the government and discipline of 
the church, A^hich by this law are mere 
ciphers, but " in all matters which come 
before church judicatories, and make con- 
stitutions," as he pleaseth, ^^-ithout any con- 
sent either of church or parliament. I see 
nothing to hinder the king acting according 
to this power, from establishing a new reli- 
gion, and palming a new " Confession of 
Faith" upon Scotland. This is a grant 
paramount to the claims of the pope or a 
general council either. Indeed nothing of 
church power that I can see, is kept back 
from the sovereign here. 

Next, such acts and constitutions of the 
" royal pope," being " recorded in the books 
of council, and published," be what they 
will, are to be implicitly obeyed by all 
subjects, A^-ithout asking questions : and by 
virtue of this power, the king and parlia- 
ment rescind all former acts of parliament, 
that is much; but, Avhich is more, all 
ecclesiastical acts, which may be foimd in- 
consistent with this erastian power in the 
sovereign. It is well this law is a non 
habente potestatem, and more than any court 
on earth can do, and materially a cassing 
and abrogating the scriptural rule. 

I shall only further notice, that this act 
was not only gi'avaminous to all presbyter- 
ians, but many of the prelatists themselves 
were dissatisfied Avith it. IMr Collier speaks 
of it as strong and comprehensive language ; 

and Bishop Kennet says, " It was ,„„„ 
the dispensing power at the greatest 
height, and while indulgence was part of 
the politic of England, all hopes of it were 
removed in Scotland." It would seem the 
author knew not, that another indulgence 
was given in the year 1672. However, the 
present set of bishops in Scotland, a.s far as 
I know, Avhat from one view, A\hat from 
another, went into it ; yet as many of their 
clergy as had a regard to protestant princi- 
ples, or owned any spuitual power in the 
chiu-ch, and were unwilling to give up all 
the rights of the " Christian constitution" 
to the civil magistrate, disUked it. How- 
ever, it passed, and was a very good mean 
to advance the present scheme of absolute 
govermuent in the state. Slavish principles 
very soon introduce tyramiy in practice ; 
and erastianism, a.s well as popery, is a very 
good handle for introducing arbitrary gov- 
ernment ; and a papacy in the state, natively 
leads to tyranny. 

This was the first and most remarkable 
act of this session, and I find it very 
natively followed by the second act, " anent 
the militia," wherein the power of anning 
the subjects, and raising them in arms, is 
likewise phiced among the " inherent rights 
of the crown :" although by many former 
laws T^eapon-shev^'ing, and the fencible men 
in every shire, their being armed for their 
own defence, is declared to be the privilege 
of Scotsmen. Thus in the first room oiu' 
religious and reformation rights, and next 
oiu- lives and civil liberties, are laid at the 
king's feet, to be trampled upon. 

Their fifth act is, " for the security of the 
persons of the clergy," Avhom the law now 
calls orthodox. This upon the matter hath 
been already considered, upon the council's 
proclamation above to the same effect. I 
find it comes to the parliament, from the 
privy council. Upon the 20th November, 
their records run, " An act to be brought 
into the parliament, ratifying two acts in 
favoiu-s of the orthodox clergj^ being read 
in council the lords approve thereof, and 
ordain the same to be transmitted to the 
lords of the articles." This method of 
transmitting of acts of parliament fi'om the 
privy council, was both needful to the mana- 




ififiQ S^^^> ^""^ *^^ ^ considerable use to 
them ; but I leave it to be examined 
by lawyers. No more observes on the act 
itself are necessary : every reflecting person 
must see the necessity of all just measm-es 
for the safety of a gospel minister in his 
parish : and the clergyman's suitable carriage 
to his station, and the rules of it, will be 
one of the best guards about him. But this 
act, when I read it, appeared calculated to 
serve a party, and containing several unreas- 
onable clauses. It seems hard, that if 
wicked people shall attack a minister's 
house or jjerson, and his parishioners, if 
they do not apprehend and bring to a trial 
the persons guilty, be made liable to make 
up the minister's damage, with the interest 
of it; when, it may be, it was plainly 
impossible for them to apprehend the rioter; 
and probably they knew nothing about the 
attempt, and were never called to assist 
their minister when insulted. However, 
as those attacks Avere designed at first for 
pretences to keep up a standing army, so 
afterwards they became a good handle for 
extorting large sums of money from presby- 
terian heritors in parishes, perfectly innocent 
of these riote; and a good occasion for 
some of the poorer sort of the ciu'ates, to 
get a swinging sum from their parishioners. 
No more Avas to be done, l)ut casting them- 
selves in the road of a rabble, and endeavom* 
to get some small thing to be taken out of 
their houses, and then, to be sure, they had 
it made up with interest, cent, per cent, 
profit. However unrea-sonable this act 
appears to be as to the particular congi'ega- 
tions where the orthodox clergy were, and 
whatever misimprovement some of them 
made of it, I would not be understood by 
these remarks, to vindicate any irregular 
attempts made upon their persons. It hath 
been observed, that few or no presbyterians 
Avere engaged in those attempts, as far at 
least as my infoi-mation bears; but if any 
were, I leave thom to answer for themselves. 
I'pon the A\ hole it wiM appear, that nothing 
by some was thought too high at this time, 
for the orthodox and established clergy, 
and nothing too severe for prcsbyterian 
ministers, and the suffering people who ad- 
hered to them. 

The 11th act of this session, December 
15th, 1669, " Concerning the forfeiture of 
persons in the late rebellion," deserves a 
room in this collection ; and so the reader 
will find it below.* It is a ratification of 
Avhat the council and justiciary had done 
formerly, as we have heard. From the 
reading of this act the reader will easily 
perceive, its design is to cover and cloak 
former illegal and arbitrary actings, when 
done. The people concerned Avere con- 
scious to themselves they had gone contrary 
to practick and reason, in forfeiting gentle- 
men in absence, and that they had assumed 

* Act anent minislers, November 20th, 1C69. 

Forasmuch as the king's majesty, considering 
how just and necessary it was, that the orthodox 
clergy should be protected from the violence of 
disaffected and disloyal persons, did therefore, 
with advice of his privy council, by his royal 
proclamations of the 1.5th of March, and 13th of 
June, one thousand six hundred and sixty-seven, 
command and charge all heritors, liferenters, 
and others, having any real interest or rent 
within the several parishes of the kingdom, to 
protect, defend, and secure the persons, families, 
and goods of their ministers, not only in the 
exercise of their ministerial function, but in 
their dAvelling-houses, or being elsewhere within 
the parish, from all injuries, affronts, and pre- 
judices, AA'hichthey might incur in their persons 
or goods from the violence and invasion of any 
disaffected, disloyal, or other wicked person : with 
certification, if the actors of such outrages should 
not be apprehended and brought to trial, by tlie 
means and diligence of the parishioners, the 
parishioners should be decerned to pay to the 
suffering minister, for reparation, damage, and 
interest, such a sum and fine as his majesty's 
council should determine, as is more fully exprest 
in the said proclamations. And the estates of 
parliament, having taken to their consideration 
the proceedings of his majesty's council herein, 
and finding, that the protection of the orthodox 
clergy, and the restraining of the insolency of 
disaffected, disloyal and wicked persons at this 
time, did require more nor ordinary means and 
care from his majesty's council, have therefore 
thought fit : likeas, his majesty, with advice 
and consent of his estates, doth hereby ratify 
and approve the two proclamations aforesaid, 
and the ])roceedings of his majesty's council in 
prosecution thereof, and authorizeth them still to 
prosecute the same, as occasion shall offer, until 
his majesty in his next parliament give further 
orders therein : and it is declared, that this act 
is and shall be but prejudice of any former laws 
and acts of parliament, made against the invaders 
of ministers, and of the pains therein contained ; 
and particuliirly the twenty-seventh act of the 
eleventh parliament of king James VI. and 
seventh act ofking Charles I. his parliament, la 
anno 163o, Avhich acts his majesty, with advice 
forfsaid, doth hereby ratify and approve, and 
declares the same to stand in full force, strength 
and effect in time coming. 




a parliamentary power, in forfeiting- the 
king's vassals in the methods they took : 
therefore, ex post facto, they must have 
this new law to save their bacon. It is 
further plain, that in this act there is a 
parliamentary forfeiture passed upon those 
persons in absence, and, as far as I can 
iniderstand, never cited before the parlia- 
ment, that Avhat tlie gentlemen had to say 
ag-ainst so extraordinary a step, might be 
heard. In the last room it maybe observed, 
that a parliamentary right and power is here 
made over to the lords of the justiciary for 
the time to come ; to wit, the forfeiting of 
all persons of all conditions and ranks in 
case of rebellion, or rising in arms upon any 
pretence whatsoever. I need not show 
ho^v hard this is, to subject the lives and 
estates of noblemen, gentlemen, and others, 
to the caprice, humour, and party spite of 
two or three men ; and all in the absence 
of the parties. — The rest of the acts of this 
session relate to civil matters, in as fai- as I 
have noticed, and so I meddle not Mitli 
them. The parliament rose upon the 23d 
of December this year. I come now to 
cast together several other things relative 
to presbyterians during this year, which I 
have passed in the former Sections. 

Of the continued sufferings of some persons 
who had been at Pentland, the imprisoned 
gentlemen, and some other things this year 

My accounts of the sufferings upon the 
score of conventicles, of the indulgence and 
procedure of the parliament this year, have 
run to so great a length, that I shall despatch 
what fiu'ther offers, as to the state and suf- 
ferings of presbyterians, veiy quickly. 

The council's letter to the archbishops 
last year ^vas noticed, anent the sending in 
lists of papists. I find, February 4th, this 
year, they bring in some lists, and lay them 
before the council ; but it seems their heart 
Avas not so much in that necessary work> 
as in hunting down presbyterians ; for the 
council record it, that many lists are want- 

ing, and refer the whole affair to a i/jgn 
committee, whose report I do not ( 

meet Avitli this year; and in prosecution of 
an act made last year against quakers, upon 
the 24th of June, the laird of Swinton is 
sent prisoner to Stirling Castle. How long 
he continued there, I know not. 

Hardships ai-e continued upon such who 
had been concerned in Pentland. Ireland 
had been a retreat to some of them ; but all 
pains was taken to discover them in their 
hidings there: and so John Cuniugham of 
Bedlane came to be apprehended there. 
Notice was soon given to our managers, and 
he sent over to Scotland. February 4tli, 
"The council being informed, that John 
Cuniugham sometime of Bedlane, who 
was in the late rebellion, is apprehended by 
the lord lieutenant of Ireland, appoint the 
magistrates of Ajy to receive him as pri- 
soner, M'hen sent over." The same orders 
are sent to Ir\ane and Greenock, if he shall 
be brought into any of these ports, and 
Bedlane is ordered to be forwarded to 
Dumbarton Castle. In April, I find he 
comes over; and after some little time in 
Glasgow tolbooth, he is sent to Stirling 
Castle : here he continued a long time, and 
in Dumbai'tou Castle, as we may hear upon 
the after years. 

Upon the 10th of June, the council pass 
a sentence of banishment upon Robert 
Gibson, Robert Paton, Robert Harper, and 
William Cuthbertson. They were brought 
in by Major Cockburn, from the parish of 
Fenwick, and the country about, and con- 
fessed their being at Pentland, and were 
ordered to be transported to the plantations. 
I hear many others, whose names are not 
come to my hand, were served the same 

Cannon of Mardrogat, of whom before, 
when it is found his discoveries are not so 
important as they expected, and yet they 
find him Avilling to serve their purposes, 
upon the 7th of January he hath the liberty 
of a free prisoner granted him : and upon 
September 2d, he gets his remission from 
the king, and after^vard proved worthy of 
it, and not unuseful to the persecutors. 
Robert Chalmers, of whom likewise in the 




, former years, gives in a petition to 

the council, April 6th, and they re- 
commend him to Lauderdale for a remis- 
sion ; and upon the 3th of July it is granted. 

The west country gentlemen before men- 
tioned, are this year a little more favom-ably 
dealt with, but still continued in theii* con- 
finement. fSir George Maxwell, February 
25th, is allowed to stay some time at Edin- 
bm-gh about his necessary aflf'airs; and upon 
March 4th, the council prolong his liberty 
to continue there till Rlay ; and, upon May 
Sth, it is continued till June : and Cuning- 
hamhead, upon the 25th of February, is 
alloM ed by the lords to go to his house at 
Kirrela^v, until the 1 5th of March, and that 
to search for some writs which nearly con- 
cern his affairs. This is all I find about 
them, till the end of this year, these \vorthy 
gentlemen were put to no small trouble and 
charges, in petitioning for these little favours 
now and then granted ; and I take them to 
have been still in prison at Stirling, except 
at these times forementioned. Another 
gentleman I have not met with before, 
brought under confinement from mere jeal- 
ousy and suspicion, without any thing laid 
to his charge, which has come to my know- 
ledge, is colonel Robert Barclay. July 29th, 
the council, upon his petition, allow him to 
reside at his own house at Urry, and confine 
him within three miles about it, until 
January next: and in August 1G70, I find 
the council take off" his restraint. This is 
all I have auent him. This year likewise, 
the council no^v and then are doing some 
acts of justice to gentlemen, and others, 
who had been oppressed by Sir William 
Bannantyne. Upon the 8th of July, I find 
upon a petition, Gilbert M'Adam of Water- 
head, is ordered to receive up from the clerk 
one bond of sixhundi-ed merks, and another 
of seven hundi-ed merks, extorted by vio- 
lence from him by Sir William : and upon 
the 29th of July, Wallace of Carnel, in the 
shire of Ajt, gets up a bond of his, extorted 
by the same man. Many other of Sir Wil- 
liam's oppressions escaped the council, and 
cannot now be recovered. 

When the indidgence was resolved upon, 
and about the time of the granting of it, 

some lenity was shewed to some presbyte- 
rian ministers, who had been long confined, 
and had no occasion to keep conventicles, 
save in their rooms in the prison, whither 
some came and joined with them in worship. 
Thus Mr Thomas Wylie, of whom before, 
after he had been, since the (year) 16G3, or 
1664, confined to Dundee, and in October 
1667, had been permitted to come besouth 
Tay, with an express prohibition to come 
wdthin four miles of Edinburgh, is. May 
this year, allowed to come to Edinburgh 
about necessary affaii's ; and, June 4th, his 
liberty is continued without a day, upon his 
giving bond to appear before the council, 
when called. This way several of the min- 
isters and otiiers got out their long confine- 
ments. August 3d, the privy council being 
informed of the sober and good cai'riage of 
Mr Robert Duncan, late minister at Dum- 
barny, under his confinement, and that he 
hath been under restraint for several years, 
take off the restraint, and declare him free 
to go about his lawful affau's. And, Sep- 
tember 1st, Mr Donald Cargill gives in a 
petition to the council, begging that his 
confinement beyond Tay, may be taken off", 
and he allowed to come to Edinbui'gh about 
law affairs. The council allow it to be 
taken off" providing he enact himself not to 
reside within the town of Glasgow, upon 
any occasion whatsomever, nor in the town 
of Edinburgh and subm-bs thereof, without 
warrant from the lords of session and 

I cannot leave the history of this year, 
without taking notice of some actings of the 
archbishop of Glasgow, and his diocesan 
meeting there, at this time, about the king's 
supremacy, which made a very great noise, 
and issued in the demission of the arch- 
bishop, and a council process against two of 
the members of the synod. Most part of 
this account I shall draw from the records 
of the council. The greatest pai't, by far, 
of the indulged ministers, were in the bounds 
of the diocese of Glasgow; and the liberty 
granted to presbyterian ministers, did exceed- 
ingly gall the bishop and his underlings. 
Accordingly, when they meet in their synod, 
iu September this year, the Itishop and they 




agree upon a paper, entitled " A Remon- 
strance."* I have not seen it; but by 
papers writ about this time, it is said to 
contain a heavy complaint ap^ainst the indul- 
gence, and the council's placing persons, 
lyiug- under ecclesiastic censures, into the 
ministry at their old charges, or elsewhere, 
when neither the bishop or synod had ever 
given the least shadow of relaxation from 
those censures. This paper likewise bore 
pretty hard upon the king's supremacy in 
ecclesiastic matters ; and no great regard 
Atas shown in it, either to the acts of par- 
liament made about this, or the oaths the 
members of the synod were under to main- 
tain and support it. The prelates and 
" passive obedience" gentlemen, when the 
sovereign goes their way, have nothing but 
the praises of the prerogative, and unlimited 
power of the prince in their mouth; but 
when they are crossed, and touched in their 
own tender points, they can kick and fling 
against a court, as well as others. As loug 
as the king's supremacy \vas exerted for the 
iubringiug, support, and maintenance of the 
bishops, none are so fond of it as they ; and 
it is preached up as an inherent right of the 
crown, and what not. Let the tables be 
turned but a little, and a few presbyterian 
ministers indulged, and some restraint laid 
upon their persecuting spirit, " nature rebels 
against principle," and the passive prelates 
alter their note. How happy a thing is it, 
when all matters and persons are kept 
within their just and reasonable limits and 
boundaries ! 

Such a paper as this could not but very 
soon make a noise, being so plain an attack 
upon the managers; and so 1 tind, upon the 
last of September, the council have this 

* " A copy of this was procured by indirect 
methods, and it was sent up to court. As soon 
as the king saw it, he said it was a new Avestern 
remonstrance, and he ordered that Burnet shouki 
not be suffered to come to the parliament, and that 
he should be proceeded against as far as the law 
could carry the matter." — Burnet's History of 
his Own Times, vol. i. p. 417. " Nor was this 
paper," says Sir George Mackenzie, " less sedi- 
tious than the remonstrance, nor the archbishop 
of Glasgow, more innocent than James Guth- 
rie, for both equally designed to debar the king 
from interposing any way in the affairs of the 
church." History of Scotland, pp. 157, 158. — Ed. 

affair before them. I shall insert 


their own words. " The lords of 
privy council being informed, that, in the 
late synod holdeu at GlasgOAV, some papers 
were agitated, debated, and passed, under 
the name of petition, remonstrance, or griev- 
ances, which may tend, in the consequences 
thereof, to the prejudice of his majesty's 
authority, and of the peace of his govern- 
ment; they do therefore recommend to, and 
require the lord archbishop of Glasgow^, 
forthwith to call for the foresaid papers, in 
whose hands soever they be, and to present 
them before the council, at their meeting 
October 14th next. As also, that he require 
Mr James Ramsay, dean of Glasgow (the 
deans of Hamilton, where he now was, were 
deans of Glasgow likewise, as I am told) 
and Mr Arthur Ross, parson of Glasgow, 
who were the persons who formed and 
drew these papers, and were nominated for 
presenting and prosecuting the same, to 
compear before the council the same day ; 
and further, require the archbishop to 
produce before the council, the day foresaid, 
the clerk of the synod, and the public 
records thereof, with all the minutes, votes, 
and acts passed therein; and that he take a 
special care that no copies be given of these 
papers, nor no further proceeding therein, 
nor prosecution thereof, until the lords of 
his majesty's privy council, having seen and 
considered the same, give further orders 
thereanent." I find the archbishop is in 
this sederimt of council, and it is the last 
time I find him there for several years. 
Upon October 14th, the commissioner Lau- 
derdale produceth before the council, a 
paper sent by the archbishop of Glasgow ; 
and, after reading it, it is remitted to the 
consideration of the following committee, 
duke Hamilton, earls of Tweeddale and Kin- 
cardine, the register, advocate, and the 
chancellor, who is supernumerary. Their 
report is made, October 16th; and the 
council form the following act " condemning 
a paper passed in the synod of Glasgow." 

" Forasmuch as the lords of his majesty's 
privy council being informed, that in the 
late meeting of the archbishop, and a part 
of the synod of Glasgow, there was a paper 
agitated and passed, in name of the arch- 




bishop and synod, tending, in the 
' consequences thereof, to the preju- 
dice of his majesty's authority, and the peace 
of his government, did ordain the same to 
be produced before them : which being 
accordingly now done, and owned by the 
archbishop, dean, and parson of Glasgow, 
to be the true paper; and the council having 
considered the same, and having also con- 
sidered the depositions of the said dean and 
parson of Glasgow, who Avere employed in 
the drawing thereof, do find and declare the 
same to be, in itself, a paper of a dangerous 
nature and consequence, tending toward the 
depraving of his majesty's laws, and miscon- 
structing of the proceedings of his majesty 
and his council, and in the manner of con- 
Teying thereof, to be most illegal and un- 
warrantable; and do therefore ordain the 
same to be suppressed, and no copies thereof 
to be kept by any; and discharge all his 
majesty's lieges, of what quality or function 
soever, from owning or countenancing the 
said paper, or any other paper or piu-poses 
of that nature hereafter, under the pains 
contained in the acts of parliament made 
thereanent; and desire his majesty's com- 
missioner, humbly to offer his majesty an 
account of their proceedings in this matter, 
together with the paper itself, to the end 
his majesty may declare his further pleasiu-e : 
and ordain the clerks of council to deliver 
up to his majesty's commissioner, the prin- 
cipal paper passed in the synod of Glasgow, 
with the depositions of the dean and parson 
of Glasgow thereanent, and an extract of 
this act of council to be transmitted to the 

When this matter was considered by the 
king, a letter came down about December, 
laying aside archbishop Burnet from acting 
any more as archbishop of Glasgow. He 
must submit to the royal supremacy, the 
author of his being, as a bishop. His own 
vote, that the management of the external 
government and policy of the church, and 
the ordering of all church affairs belonged 
to the crown, bound him down to this piece 
of passive obedience.* Accordingly, Ja- 

* Burnet remarks, " by the act of supre- 
macy, the king was now master, and could turn 

nuaryGth, 1 670, the commissioner represents 
in council, that the archbishop of Glasgow 
had demitted his office and dignity in his 
majesty's hands, and desired his name might 
be put out of the rolls of council, as being 
no more a member of it. Mr James Kara- 
say dean of Hamilton, and Mi- Arthur Koss 
parson of Glasgow, the bishop's great tools 
in the remonstrance, were examined very 
narrowly by the council ; and as we have 
heard, declared all they knew, upon oath ; 
and, after having owned their fault, and got a 
reprimand from the council, the king pardons 
them, and they are remanded back to their 
charges : but the archbishop is made a sacri- 
fice to the royal supremacy, and falls, for a 
while, a kind of joint confessor with suffering 
presbyterians. Nee lex estjustior ulla, &c. 
And, for some years, Mr Robert Leighton, 
bishop of Dumblane, had the archbishopric 
of Glasgow in commendam, till Burnet was 
restored again ; which, as was then believed, 
was by gross simony. And that I may cast 
the whole of this together, the archbishop's 
restoration was said to be thus. The 
bishop's daughter was married to the heir 
of the estate of Elphinston, and had a very 
large annuity secured upon the estate ; her 
husband died very quickly from her: the 
gentleman who fell next to the lordship of 
Elphinston, came in suit of my lord Hal- 
toun's daughter. My lord knew very well 
how to bestow his children, and was unwil- 
ling to engage in an estate so considerably 
burdened with the bishop's daughter's join- 
ture. At length this expedient is fallen on; 
the young lady is prevailed upon to give a 
discharge, and make a renunciation of her 
jointure upon Elphinston's estate, and my 
lord Haltoim found means to get the arch- 
bishop her father restored to his office and 
benefice. This made some say, that the 
bishop's money, who gave his daughter an 
equivalent, Avas taken, and that of Simon 
Magus Mas not. From this account we 
may notice, how much a stranger to this 
affair Mr Collier is, in the narrative he gives 
of it, vol. ii. p. 895. Justly enough he 
observes, that the act assertory of the king's 

out bishops at pleasure. This had its first effect 
on Burnet, who was offered a pension if he 




supremacy, " is penned in strong compre- 
hensive language :" but what follows does 
not agree with the facts already laid down. 
" By virtue of this act, Burnet, archbishop 
of Glasgow, was dispossessed of his see, and 
Dr Leighton put in his place. This re- 
move was made by the high commissioner, 
Lauderdale. However, the court being 
sensible that this was pushing the regale to 
an unusual extent, gave Leighton only the 
title of commendator of Glasgow till arch- 
bishop Burnet was prevailed with to sign a 
resignation : but this being looked upon as 
an involuntary cession, the Scottish bishops 
were shocked at it. The archbishop of 
Canterbury likewise, and the rest of the 
English prelates, thought the common in- 
terest of their order affected, and that the 
episcopal authority was struck at in the 
Glasgow precedent. In short they solicited 
so heartily in the cause, and represented the 
business in so persuasive a manner to the 
king, that his majesty revoked his proceed- 
ings, and archbishop Burnet \vas restored." 
This considerable change in the diocese 
of Glasgow made some alteration in the 
treatment of presbyterians in the west, as 1 
shall next year have occasion to observe : 
and particularly, it seems to have opened a 
door for the setting at liberty the west 
country gentlemen, who had been so long 
inider confinement. Burnet had been a most 
violent pusher of the persecution ; and it was 
generally believed, that it was through his 
influence, and from some base design he had 
in view, that several of them were incarcerate 
in the (year) 1665. This is certain, that he 
had been at court ; and, as soon as he came 
home, warrants were issued out for appre- 

would submit and resign, and was threatened 
to be treated more severely if he stood out. He 
complied, and retired to a private state of life, 
and bore his disgrace better than he had done 
his honours. He lived four years in the shade, 
and was generally much pitied. He was of him- 
self good natm-ed, and sincere, but was much in 
the power of others. He meddled too much in 
that which did not belong to him, and (which) 
he did not understand, for he was not cut out 
for a coiu't or for the ministry, and he was too 
remiss in that which was properly his business, 
and which he understood to a good degree, for 
he took no manner of care of the spiritual part 
of his function." — Burnet's History of his Own 
Times, vol. i. pp. 421, 422.— Ed. 

bending Cuninghamhead, Rowallan, 
and Nether-PoUock, and the others 
before named. The gentlemen were living | 
peaceably at home, expecting no such treat- | 
ment, and a reason Mas never given them, I 
why they were imprisoned ; and, by all the I 
informations they could have, the archbishop | 
was the spring of all their trouble. The 
three just now named, we have heard, were 
continued under confinement, when others 
got out upon the bond of peace, 1 GG8 : and, 
towards the end of this year, as far as I i 
can guess, they gave in the following suppli- i 
cation unto Lauderdale, who was commis- 
sioner and secretary. 

" To the right honourable the commis- 
sioner his grace, the humble supplication of ^ 
Sir William Cuningham of Cuninghamhead, | 
Sir William Mure of Rowallan, and Sir 
(ieorge Maxwell of Nether-Pollock, show- 
eth, — That whereas, being detained more 
than these four years prisoners, to our 
heavy prejudice in our persons, families and 
affairs; and seeing we are, through the 
grace of God, still resolved to continue in 
all faithful duty and loyalty to oiu- dread 
sovereign, and due respect to the peace and 
welfare of the kingdom ; may it therefore 
please your grace, in consideration of the 
premisses, to order our releasement; where- 
by your grace shall not more evidence his 
majesty's goodness, and your own affection 
to his majesty's service, than oblige, to all 
thankful acknowledgment, your grace's most 
humble supplicants and servants, 

" Cuninghamhead, * 

Nether- Pollock ." 

The reader wiU observe with me, the 
caution and faithfulness of those honourable i 
and excellent confessors for the truth, and 
presbytery. Like good subjects as they "i 
were, and still had been, they engage to 
continue in all faithful duty and loyalty to 
the king, and due respect to the peace of 
the kingdom : and yet, as became covenanted 
presbyterians, they prudently keep them- 
selves free of any promises to subject to, or 
approve the supremacy and constitution of 
the church. Upon this supplication, Lau- j 
derdale, as commissioner and great raanag'er, i 




[BOOK ir. 


orders their liberation from Stirlinj!^ 

castle, where, I think, all the three 
were. I suppose it was much about this 
time, that the other two worthy g-entlemen. 
Sir James Stuart, and Sir John C'hiesly, 
were liberate, since I find no more account 
of them in the council registers after this 
year ; but I have no particular accounts of 
the circumstances of their liberation. 

Nothing more remarkable offers this year, 
unless it be two attempts made upon curates 
by some persons in the end of the year; 
some hints of which I find in the council- 
books. " Upon October 20th, the privy 
council being informed of a horrid insolence, 
committed upon the person of Mr John 
Row, minister at Balmaclellan in Galloway, 
do ordain all accessory to it, to be cited in 
to Edinburgh, to compear before the coun- 
cil ; and likewise the parishioners of Balma- 
clellan, to hear and see themselves fined, 
and otherwise censured, according to the 
acts of council in March and June, 1667." 
Mr Row's complaint bears, that three per- 
sons upon the 30th of September, came 
into his house in Avoraen's clothes, about 
nine of the clock at night, and took him out 
of his bed, and beat him, and broke up 
trunks, presses, &c. and took away what 
they pleased. All this is libelled, and Mr 
Thomas Warner, James Grier of Milmark 
his father in law, Gordon of Holm, Gordon 
of Gordonston, John Carsan, and James 
Chalmers, heritors there, are charged as 
acters, committers, at least contrivers and 
assisters, at least, have since supplied or 
reset them. The diet being short, and the 
distance great, they came not up to the first 
day, and were all found guilty upon their 
non-compearance, and the heritors and life- 
renters of Balmaclellan are decerned to pay 
Mr Row one thousand two hundred pounds 
Scots, by the council, November 26th. As 
soon as these persons, and the other heri- 
tors from that parish could, they came to 
Edinburgh, and appeared before the council, 
and offered to stand their trial : but nothing 
could be proven against any of them, neither, 
as far as I can learn, were any of the parish 
concerned in that riot. However, the gen- 
tlemen were ordered to pay their shares of 
the fine imposed. This man Row was 

indeed a very iU instrument in the severities 
in that country, and in a little time discov- 
ered what he really was, by apostatizing unto 

Another instance of this nature I find in 
a petition from Mr John Lyon, curate at 
Orr, in that same country, November 26th. 

He complains, that upon the day of 

November, three persons came in disguise to 
his house, dragged his wife out at the door, 
and searched for himself, but missed him, 
and spoiled his house. The presbytery 
attests the account : and the council decern 
the parish to pay six hundred pounds to 
him, and order out letters against one John 
Smith, alleged to be concerned in this 



During this year, the presbyterians ,(.,.^ 
in the west had some breathing 
time, partly by the indulgence, and in part 
from the laying aside of archbishop Burnet : 
yet the indulgence was, piece by piece, cur- 
tailed, and rendered as uneasy as might well 
be, and conventicles were borne down very 
much, and several outed ministers brought 
to no small difficulties. The parliament 
which sat in July, made new and gravamin- 
ous laws ; and this year is closed up with a 
cunning and ensnaring proposal from bishop 
Leighton, now enjoying the bishopric of 
Glasgow in commeudayn, for an accommoda- 
tion and comprehension. Those things may 
be materials for the following sections. 

Of the condition of the indulged, the perse- 
cution for conventicles, the hardships put 
upon several ministers and gentlemen this 
year, 1670. 

When the indulgence could not be prevent- 
ed altogether last year, the bishops and 
their party, now endeavour to make it as 
uneasy to presbyterian ministers and people, 
as they can. As soon as the coun<;il had 




resolved upon the granting that favour, the 
prelates laid out themselves to their utmost, 
to prevent its taking effect in the places 
M'here it was designed. Vacancies in the 
south and west were planted with all pos- 
sible expedition, that so presbyterian minis- 
ters might not have access to them ; and 
they made no great matter who A\as put in 
upon the people, provided a presbyterian 
minister was held out. The curates when 
once planted, were by all methods kept in, 
though never so ignorant, vicious, or pro- 
fane. This I take to be one occasion of the 
insults of some angry people, upon some 
few of the incumbents, the end of the last, 
aad this year, w hich have and shall be 
noticed as 1 go through. Bishop Leighton 
indeed made some little efforts to try some 
of the curates under his inspection, but we 
shall find it was in a very superficial manner. 
It was only a very few parishes, providentially 
vacant, the indulged had access to, and 
several essays were made to get them outed 
even from these, and regular ministers, as 
they were termed, settled in them. Yea, 
even in some of the places to which the 
council named presbyterian ministers, me- 
thods were ftUlen upon to get in curates, 
before thej^ came to them. One instance of 
this I cannot omit in the case of the rever- 
end jMr John Park, indulged to the burgh of 
Stranraer, ^ihich made a very great noise, 
and was decided most partially, the close of 
the last year or the beginning of this. This 
w orthy person was a man of great solidity, 
very sufficient learning, and is the author of 
the treatise upon Patronages, so well known 
in this church. The book was published, 
and, as I am informed, considerably enlai'ged 
by his son, Mr Robert Park, clerk to the 
general assembly after the revolution, and 
town clerk of Glasgow, a young gentleman 
of eminent piety, and great sufficiency in the 
civil and canon law, who was basely mur- 
dered in the clerk's chamber at Glasgow, a 
little after the revolution. To prevent Mr 
Park's return to Stranraer, the bishop of 
Galloway admits one Nasmith at that kirk, 
three days after Mr Park was indulged by 
the council. The town and parish would 
give no countenance to Mr Nasmith's ad- 
mission, but, as one man, adhered to their 

former minister. The bishop causes 
summon all parties in to Edinburgh, 
that the council might determine the com- 
petition. There favour was expected, and 

When Mr Paik appears before the coun- 
cil, instead of the question of precedency 
between Mr Nasmith's admission and his 
act of indulgence, which was the point upon 
which he was cited ; Mr Nasmith libels 
Mr Park for causing lock the church doors 
against him, after his admission by the 
bishop ; the falsity of which was made 
appear by many of the people of Stranraer, 
cited in for their adherence to Mr Park. 
Further, he accused Mr Park of engaging 
several gentlemen about to leave their 
churches, and come and hear him ; and of 
seditious doctrine. The witnesses adduced 
proved nothing, and Mr Park entirely vin- 
dicated himself; notwithstanding very mean 
and base methods used to circumvene the 
witnesses upon oath, with captious and invol- 
ved questions, such as, " Did not you heai- 
Mr Pai-k pray V 'Lord pluck up every plant 
which our Father in heaven hath not plant- 
ed,' meaning the bishops." Yet all would 
not do, and the committee to whom the 
consideration of the libel was remitted, 
brought in the hbel not proven. At length 
the council come to the competition, and 
when it Avas alleged for Mr Nasmith, that 
his presentation was prior to Mr Park's, 
and answered by Mr Park, That it was, a 
71011 habente j)otestatem, the king being pa- 
tron, and the bishop having most illegally 
taken upon him to present ; and although 
Mr Park's act was evidently prior to INIr 
Nasmith's admission, yet such was the jus- 
tice of these times, that the council without 
ever so much as hearing Mr Park upon 
that head, determine the preference to Mr 

To return to the ministers who got access 
when they were settled in their charges, 
they soon came to understand their case, 
and straitening circumstances, to be worse 
than they expected. Indeed I find, the 
council, upon the first of January this year, 
order the payment of their stipends : and 
their act runs, " The council being resolved, 
that the ministers allowed to preach shall 




have the stipend for the year and 
crop IGGO, order it to be paid: and 
as to the Ann due to some of the relicts 
and ministers, they ordain eight hundred 
merks to be paid by the collector, and four 
hundred if only half a year was served for." 
But tlien hardships in abundance were put 
upon them in the exercise of their ministry 
The prelates complained to the council, 
that the indulged ministers lectured and 
expounded a portion of scripture to the 
people before forenoon's sermon ; which, as 
it had been most iniquitously laid aside by 
the prelatic preachers since the restoration, 
so they alleged it was a hurtful innovation, 
and what the indulged had no warrant from 
authority for. They further complained, 
that such persons were not allowed by them 
to sit in then- sessions, who had joined in 
discipline with the conformist ministers. 
What ground there was for the last com- 
plaint, 1 have not learned; it is not impro- 
bable they would choose persons, as firm to 
presbyterian principles as they could, to be 
members of their sessions. 

It is very true the indulged, generally 
speaking, did lecture, unless, it may be, in 
the winter season, when the day was so 
short, that a lectui'e and two sermons 
could not be kept up, without casting the 
people at distance very late. And I am 
informed, that the ministere met together 
after getting the indulgence, and agreed to 
keep up lecturing, and begin where they 
left in explaining the scripture, when forced 
from their churches. They knew, that the 
laying aside lecturing, was one of the badges 
of conformity, since the (year) 1662, and 
were much persuaded, that this manner of 
expounding of scriptui-e was very useful and 
instructive to their people, and had been 
the constant practice of this churchy and is 
recommended in the Directory compiled at 
Westminster, and approven by our general 
assemblies. Those they took to be suffi- 
cient grounds to continue in this practice. 
However, the council discharge it by their 
act, January 13th, as follows. " The coun- 
cil understanding, that several of the minis- 
ters allowed by their special Avarrant to 
preach, do use, before they begin their 
sermon, to lecture upon some part of the 

scripture; and considering that this form 
was never used in this church before the 
late troubles, and is not warranted by au- 
thority, do discharge the same, with certifi- 
cation, that if they continue to use it, 
they shall be discharged the exercise of 
their ministry within this kingdom : and 
order extracts of this to be sent to each 
minister." That the indulged ministers 
were not warranted by authority for lectur- 
ing, is a mere fetch of the bishops. They 
are plainly warranted to " exercise all the 
functions of the ministry," as well as to 
preach ; and though the prelates and their 
underlings had laid aside this practice, yet 
that made it not the less a very proper work 
of the ministry. How far the matter of 
fact is true, which the bishops make the 
council to say in their act, that lecturing 
was not used before the (year) 1638, in 
this church, I do not know : but this I have 
remarked, that many of the sermons of our 
reformers and ministers, after the reforma- 
tion, were upon the matter lectures, and 
generally a good many verses were gone 
through, and apposite and practical notes 
raised from them, and these but very briefly 
applied. In short, no solid objection can 
be formed against this practice, nor any 
thing of weight brought ; unless Ave turn 
papists, and allege that it is dangerous to 
have people understand the scriptures, and 
that ignorance is the mother of devotion. 

We shall hear upon the following section, 
that a committee of council came Avest in 
April this year ; and, among other parts of 
their Avork, are empowered to try the car- 
riage of tTie indulged ministers in their 
congregations. What relates to the ex- 
amination of the indulged, I shall bring in 
here, and leave other things they did, to 
their OAvn room. This committee Avas 
mostly urged by the bishops, to be a check 
upon the alloAved ministers, and to persecute 
for nonconformity. Upon the accounts of 
this committee, the brethren who had 
accepted the indulgence, Avith a good many 
others Avho had not this favour, met together 
to consider what, was fit to be done upon 
this ncAV emergent. They foresaAV they 
would be challenged for lecturing, Avhich 
Avas prescribed by the approven Directory, 

CHAP, v.] 



and which is more agreeable unto scrip- 
ture institution. They were now in casu 
confessionis, and it %Aas the general opinion 
of the meeting, they should keep it up. 
However, I am informed there had been 
different practices among them, as to this 
public exercise. Some were settled in the 
winter time, and had forborne it, and others 
were said to have had some notice of 
trouble designed against them upon this 
score. Others altered their former way, 
and, instead of one chapter, or a part of a 
hu'ge one, read two or more chapters, as 
what was nearest the prescription in the 
Directory; and were blamed by some for 
taking this junctiu'e to alter their method. 
Othei's read a whole chapter, and pitched 
upon some verse of it for their text, and, in 
opening the text, explained the context; 
and some lectured in place of the after- 
noon's sermon.* Those different practices 
neither satisfied the committee of council 
when inquired into, nor were all their 
hearers pleased with them. Their manage- 
ment now was extremely difficult, and the 
lives of these excellent persons were made 
some way bitter to them, through hardships 
upon all hands. Mr John Livingstone, in 
his letter this year to his flock at Ancrum, 
censures them for their falling into those 
different ways, and yet puts a high enco- 
mium upon the ministers themselves. 

When the committee came to Glasgow, 
in April, the indulged ministers in that 
neighbourhood were called before them, and 
interrogated one by one, whether they had 
baptized or married any out of their own 
congregations Avithout testimonials : and 
especially, whether they had lectured since 
the council's act discharging it. According 
to their different practices they answered, 
and generally they told, that they read and 
explained a chapter or two, but kept within 
half an- hour. When they were asked, 
what they resolved to do in time coming, 
by the president duke Hamilton, one of 

* Mr Wodrow has ah'eady told us that be 
docs not consider the indulgence as formintf any 
purt of the sufferings of the church of Scotland. 
VVe should have been glad to know what he 
made of all this — Ed. 

them said, that they would do as 
they had done formerly, which he 
hoped their lordships would not be offended 
at. All of them subscribed their answers, and 
were dismissed. Next week the committee 
went to Ayr, and the indulged ministers in 
that shire appeared before them. There mat- 
ters passed much the same way as at Glasgow, 
As to lecturing, they gave a naked represen- 
tation of their practice ; and as to the time 
to come, they answered, they would con- 
tinue in reading and explaining scripture, as 
far as time would permit ; and signed their 
answers. It was generally expected, that 
when the report was made to the council, 
all their licenses would be taken from them; 
but the Lord had more work to do by them, 
and moderate measm-es prevailed. This is 
what I have observed this year anent the 

I come now to take a view of the proce- 
diu'e of the managers against conventicles, 
and the sufferings of considerable numbers 
of good people upon this score. Lauder- 
dale, in urging the indulgence, alleged, it 
would be the most effectual ^ay to bear 
down conventicles ; and accordingly it was 
given to such ministers as were reckoned 
the wisest, and of greatest reputation, and 
in such parishes Avhore the people, and espe- 
cially the heritors and gentry, were most 
inclined to the presbyterian establishment. 
Meanwhile new proclamations, and severe 
executions of the former, against conven- 
ticles, were urged and effectuated this 
year. Afterwards we shall meet with the 
acts of parliament in this matter : I come 
here to consider the procedure of council. 

January 13th, the commissioner orders 
the instructions to the forces, November 
16G7, noticed above, to be sent again to the 
soldiers, with this additional clause, added 
by the council, to the officers. " Upon 
notice of any numerous conventicle kept 
since November 1st last past, or to be kept 
hereafter, you shall do your utmost endea- 
vour to seize the minister, and send him 
into Edinburgh Avith a party, and the 
names of such as can bear witness in the 
thing. You are also to seize the most 
considerable heritors and tenants present, 
and require bond and caution to appear 



[BOOK 11, 

before the council at a certain day ; 

and if they refuse to give surety, send 
them in Avith a party, Mith a list of persons 
who can witness against them." This instruc- 
tion made the soldiers very severe, and, with 
what follovA'ed, both forced ministers and 
people to the fields, where they had better 
access to disperse than in a house, and put 
some to bring- arms with them, to defend 
themselves and their ministers. Those 
instructions are followed with a printed 
proclamation against conventicles, agreed 
upon in council, which I have insert, at the 
foot of the page.* The reader will observe, 
that it runs a little more severe than the 
former papers of this nature. I shall not 
make large remarks upon it. The army are 
hounded out upon presbyterians by the 
instructions just now spoken of, and the 
whole magistrates through the country 
joined with them in this persecution. The 
country is oppressed, and the soldiers 
encouraged, by the large suras paid them 
when engaged in this work ; and, as was 
observed, this violence obliged ministers and 
people to take the fields, and defend them- 
selves the best way they could. 

The council being informed, February 
1 0th, that two numerous conventicles were 
kept lately in and about Kirkintilloch, a few 
miles east from Glasgow, send ordeis to 

* Proclamation anent conventicles, February 3rd, 
Charles, &c. Forasmuch as we have taken 
into consideration the disorderly carriage of 
several heritors, outed ministers, tenants, and 
others of the commons w^ithin this kingdom, by 
their keeping of conventicles, and baptizing of 
their children by persons not publicly authorized 
and allowed, which not only foments and 
nourishes separation and schism, but tends to 
seditioti and disturbance of the public peace : 
we therefore, with advice of the lords of our 
privy council, do hereby require all sheriffs, 
Stewarts, bailies of regality, and their deputes, 
magistrates of burghs, in their respective 
bounds, and commissioners of the militia, to 
inform themselves where such conventicles have 
been kept, since the ]9th day of October last, 
or shall happen to be kept thereafter, and to 
call before them the ministers who have preach- 
ed, or shall preach at them, the heritors, and 
substantial tenants who have been or shall be 
present, or have had their children baptized 
since the said 18th day of October, or shall 
procure them to be baptized by any not 
allowed or authorized to do the same, and ac- 
cording as they shall find any of them guilty, 
that they take caution of them for their appear- 

the earl of Linlithgow, who gave the infor- 
mation, to seize the persons of Mr James 
Hamilton and Mr Mitchell, who preach- 
ed; and send them into Edinburgh ; but I do 
not find they were at this time catched. 

In the beginning of March, the council 
call for the magistrates of Edinburgh, and 
give them up their bond last year anent 
conventicles, and require them to give 
another in the same terms for this year. 
They very willingly give it. And in prose- 
cution of this obligation against conven- 
ticles, April 7th, the same magistrates are 
ordered to search for and seize the persons 
of all the outed ministers within the towTi, 
excepting such as have warrant from the 
privy council, and to imprison them. And 
such as have warrant are to enact them- 
selves under bond and caution, not to keep 
conventicles during their stay there ; and if 
they refuse, immediately to imprison them. 

The council's committee sent to the 
west country in April this year, as we shall 
find by their instructions, are appointed to 
inquire into conventicles, and punish them. 
I have but very few accounts of their pro- 
cedure ; only at Glasgow the curates gave 
in lists of considerable numbers in their 
respective parishes, who were guilty of 
nonconformity, and alleged keeping of con- 
venticles ; and some were fined upon these 

ance before the council, whenever they shall 
be called ; and in case any of them be called 
before the said sheriffs, Stewarts, bailies, or 
magistrates foresaid, and compear not, or com- 
pearing shall refuse to give caution, that thej% 
with the advice or concurrence of the captain, 
lieutenant, or cornet of any of the militia troops 
of the shire, seize upon their persons, and send 
them to the lords of our council by a party, 
which party shall be paid at 18 shillings Scots a 
day for each horseman, and three shillings ster- 
ling for the officer who shall command from the 
time of their setting forth till their return, and 
that they send along with them any process or 
evidence they have received of their guiltiness, 
and ordains the said sheriff, Stewart, bailie, 
magistrate, or commissioner of militia from time 
to time, to give an account of their diligence to 
our council. 

Rothes, Chancellor, Halkertok, 
Marshall, Bellenden, 

Hamilton, Will. Drummond, 

Morton, John Nisbet, 

Athole, Lockhart, 

Airly, Hume, 

Tweeddale, Ch. Maitland, 


Sinclair, Robert Murray. 

CHAP, v.] 



scores, but particulars I have not been able 
to recover. 

Elizabeth Cuningham, Lady Hilderston, 
I fiud, May 1 '2th, is iiued by the council in 
four hundred nierks, for one conventicle 
kept in her house; and several persons 
Avere brought to trouble for that same 
meeting'. Nicol Gardner, mercliant in Edin- 
burgh, is fined in two hundred pounds, for 
baptizing a child of his there ; and which 
was far more uneasy to him, and hard in 
itself, he is ordained to lie in close prison 
until he discover who was the minister. 
And further, James Clarkson, Ardiibald 
Henry, William Leick, merchants in Edin- 
burgh, and David Jamie, tailor there, are 
fined in one huuch-ed pounds each, for being 
at the said house-conventicle. Had the 
managers got as much for every house- 
conventicle, they would have soon gathered 
in all the money in Scotland. And over 
and above all these, I find the council, this 
same sederunt, fine the magistrates of Edin- 
biu'gh, according to their bond, in fifty pounds 
sterling, and allow them reparation from such 
of the inhabitants as they shall find guilty. I 
shall have occasion, ere I end this section, to 
notice some harassings for two or three 
remarkable field-conventicles in June and 
July this year; so here I ouly notice 
Robert Biu'us in Glasgow, fined by the 
coimcil, July 29th, for the above mentioned 
conventicle at Kirkintilloch, in a hundred 
merks. I observe for some time most part 
of the fines are appointed by the council to 
be given to the widows and chilch-en of 
ministers M-ho suffered for their loyalty 
before the restoration; Avho these were, 
hath been noticed, ministers deposed for 
error, scandal, insufficiency, and malignancy. 

Upon the 11th of August, the council 
come to lay down methods for suppressing 
conventicles, and examining the ministers 
who shall, in time to come, appear before 
them upon that score, which I give here 
from the registers. 

Apud Edinburgum, August Wth, 1670. 
" Sederunt, the lord commissioner his grace, 
chancellor, St Andrews, privy seal, Len- 
nox, Hamilton, Morton, Caithness, Mur- 
ray, Athole,Linlithgow,Dunfermline,Rox- 


burgh, Kellie, Dumfries, Weems, 
Airly, Annandale, Tweeddale, 
Kincardine, Duudonald, Drumlanrig, 
Yester, Belhaven, Durtus, Bellenden, 
president of session, register, advocate, 
justice-clerk, Lee, Haltoun, Niddiy, Sir 
Andi'ew Ramsay. 

" The lords of the committee appointed 
for considering of the fittest ways and 
means for suppressing of con venticles, hadng 
brought in several proposals to the council 
thereanent, to be offered to the articles ; as 
also anent the assaulting of ministers' per- 
sons and houses, and disorderly baptizing of 
childi-en ; the same being considered, agreed 
to, and voted, were appointed to be trans- 
mitted to the lords of the articles. 

" The committee having offered it as 
their opinion, that the interrogatories under- 
written should be put to such ministers as 
should be called before the council, the 
same being agi-eed to, were ordered to be 

"1. Do you ordinarily resort to the ordi- 
nances in the parish church where you live, 
and are you resolved to do so in tuue 
coming? 2. Have you kept any conven- 
ticles since INIichaebnas last, either in houses 
or the fields; and are you resolved to 
forbear for the future, and to live according 
to law, as to that point ? 3. Such ministers 
as have lived orderly, or will promise to live 
orderly in time coming, are to be dismissed 
Avithout putting any judicial declaration to 
them ; the clerk being to mark AAhat they 
promise thereanent. 4. The decLiration 
following is to be put to such as have lived 
orderly, and yet will not agree so to do 
for the future. ' I, A. B. promise that I 
shall ordinarily frequent the ordinances in 
the parish church where my residence shall 
be for the time, and that I shall not preach, 
nor assist either in houses or in the fields 
at any conventicles.' 5. Such as have not 
lived orderly, uor wiU engage to live 
orderly, and to forbear to be present at, or 
keep conventicles in the futm-e, the follow- 
ing declaration is to be put to them. ' I, 
A. B. oblige myself, I shall not, upon any 
colour or pretext whatsomever, rise iu amis 
against the king's majesty, or any having 
his authority or commission, nor shall assist 



[BOOK 11. 


nor couuteuance any who shall so 
rise in arms.' 6. Such as are cited, 
and do not compear, are to be declared 
fugitives. 7. Those who refuse the first 
declaration, are to be confined ; and those 
who do not give the second, ai"e to be put 
in prison, and thereafter banished." — What 
use Mas made of these proposals will best 
appear from the severe acts of parliament 
made this year, which I leave to a section 
by themselves. 

By this time the reader hath some view 
of the trouble a good many were brought 
unto for conventicles during this year, and 
we shall meet with some things yet harsher, 
if once I had considered the harassings of 
some of the outed ministers, and presbyte- 
i-ian gentlemen. Among the ministers, the 
order of time leads me to begin with the 
reverend Mr Andrew Morton, minister of 
the gospel at Carmunnock, in the shire of 
Lanark. He had been outed from his parish 
with tLe rest of his brethren, and living oft- 
times at Glasgow, now and then he did 
preach and keep conventicles among his 
parishioners. Upon information by Mr 
Robert Boyd, curate there, he was, by an 
order from the commissioner, a])prehended, 
and brought into Edinbui-gh, and January 
14th, I find the council order " the magis- 
trates of Edinbiu'gh to receive the person of 
Mr Andi-ew Morton prisoner, and keep him 
close from all company." There he is 
brought before the earl of Kincai-dine, and 
the king's advocate, and asked, if he had 
preached at Cannunnock since he Avas 
silenced ? He acknowledged he had. His 
examinators blamed him very hard for con- 
tempt of the law, and breaking a settled 
congregation. He replied, that he con- 
temned not the laws, but reckoned there 
was a great necessity of preaching the gos- 
j)el, when ignorance and profanity abounded, 
and many souls were perishing for lack of 
knowledge ; and added, he had not broken 
the congregation, for they had withdrawn 
from the present incumbent, before he 
preached among them. They further ques- 
tioned him, how many had heard him ? He 
answered he could not tell : they then asked, 
who had heard him, and in whose house 
lie had preached ? To this his retui'n «as, 

it was hard to make him inform against 
others; and he hoped and entreated their 
lordships would forbear him in this, since 
he so ingenuously confessed in what con- 
cerned himself. They made him sion his 
answers. When those where laid before the 
council, he was called in, and they were read 
to him, and the chancellor pronounced his 
sentence, that he was to be continued close 
prisoner in Edinburgh, until he should be 
transported to Stirling Castle, there to re- 
main during the council's pleasure. Accord- 
dingly, January 27th, I find him sent by the 
council's order to Stirling, and there he 
continued prisoner tintil the Sd of Novem- 
ber, when by reason of bodily indisposition, 
contracted by this confinement, he was lib- 
erate, and confined to his own house at 
Glasgow^ during pleasiu-e. And he enacted 
himself to compear when he should be 
called; and during his abode at Glasgow, 
he preached almost every day to such of the 
citizens as came to hear him, except the 
Wednesday, ivhich he reserved for the 
people of his obti congregation, M'ho, being 
within four miles, came in in good numbers 
that day, and he preached to them. 

Much about the same time, Mr Hugh 
Archibald, Minister at Strathaven, and Mr 
John Rae, minister at Symington, in Biggar 
presbytery, were apprehended, for preaching 
and baptizing in houses, and sent in to 
Edinburgh; and, after some examination, 
were sent to Stirling likewdse. I find, 
March 3d, Mr John Rae is ordered by the 
council to be carried from the tolbooth of 
the Canongate, to Stirling Castle. I have 
no more about them. 

Mr George Johnston, minister at New- 
bottle, is seized in April at Edinburgh; 
and the council's act anent him is, " The 
lords of privy council being informed of 
frequent conventicles kept in Edinbiu-gh; 
and the magistrates having, in obedience to 
an ordinance of council, presented Mr 
George Johnston, late minister at Newbottle, 
before them, and he having refused to engage 
himself not to keep conventicles, banish 
him from Edinburgh, and confine him to 
the parish of Borth wick during the coiuicil's 
pletisure ; and order him to enact himself to 
keep his confinement : which he does. The 

CHAP. V.l 



town of Edinburgh had been a great shelter 
to the outed ministers; and, we have heard, 
that the council, about this time, had order- 
ed the magistrates to turn them all out. A 
list of them had been given in by the bishop, 
and by the council put into the provost's 
hands. When he sent the town officers to 
seize them, none was found but Mr George 
Johnston, whom, though a very near relation 
of his own, he presented before the council. 
When Mr Johnston was examined, he 
owned his preaching' upon week days, and 
the Lord's day after four o'clock, when 
public worship was over; and when he 
would not engage, as above, he is banished 
the to^-n, and confined to Borthwick. The 
provost sent orders to the houses of the 
rest of the presbyterian ministers in town, 
to remove their families presently out of 
town, and never to return to it, without 
giving- him account, and signifying the places 
where they lodged, upon the highest pains : 
and further, ordered soldiers presently to 
go and quarter in their houses, till they 
removed. Thus their families were frighted 
and insulted, and some of them in danger 
of their life. They were forced to seek a 
new shelter, and many of them did not 
know well where to go; but the Lord 
wonderfully provided for them. Upon 
November 24th, I find the council allow Mr 
(ieorge Johnston to come in to Edinburgh, 
for six weeks, about some necessary business 
he had to do: and before he leaves the 
town, his confinement to Borthwick is taken 
off; but he is discharged from coming to 
Edinburgh without permission, or living in 
the Canongate, or any of the liberties of the 

Other ministers were dealt by yet more 
hardly. August 11th, I find a decreet of 
the king's advocate, against Mr James 
Hamilton, late minister at Blantyre, Mr 
James Mitchell, Mr James Porter, Mr 
John Dickson, late minister at Rutherglen, 
and Mr John Blackadder, late minister at 
Traquair. They are libelled before the 
council, for making it their Avork to hold 
conventicles in houses and the fields ; and 
being, after citation, called, and not com- 
pearing, for the reasons already pointed at, 
they are all of them, in absence, denounced 


1 and put to the horn. This severe 
treatment of them and many others, 
put them under a necessity to wander up and 
doATO the country, and preach in the fields as 
they had access. About the 15th of August. 
Mr Robert Landass, after the revolution, 
minister of the gospel at Blantyre, and for 
some time in Glasgow, at this time, I think, 
but a preacher, was apprehended, and made 
prisoner at Edinburgh for six weeks. All 
they had to lay to his charge, was, that once, 
about a year ago, he had exercised in a 
private family. Upon the 29th of Septem- 
ber the council order his liberation. Mi- 
Hugh Peebles, of w hom before, was brought 
before the council, August 28th. Nothing 
could be proven against him: but when 
interrogated, if he would engage in time 
coming to keep no conventicles, nor to 
preach or exercise in any family but his 
own, he refused to come under any such 
ties. The council confine him to Dunbar- 
ton, and a mile round it. 

Some presbyterian gentlemen Ai^anted not 
their share of suffering at this time. Feb- 
ruary 3d, I find, the laird of Kersland, who 
had been taken some time ago, after his 
forfeiture, is sent from Edinburgh to Dun- 
barton prison : and this summer, the laird 
of Meldrum, an officer of the guards, whom 
we shall frequently afterward meet with, 
apprehended several good people in the 
parish of Lochwinnoch, Kilbarchan, and 
Kilmalcom, in the shire of Renfrew, and 
put them to very great trouble, for hearing 
the outed ministers. The laird of Johnston, 
in Renfrewshire, for having Mr John Stir- 
ling, who had been his parish minister at 
Kilbarchan, in his house, and hearing him 
preach once to his family, was apprehended, 
and brought before the chancellor, where it 
was like to stand hard with him. With 
difficulty his friends got him liberated, upon 
his giving a bond of five thousand merks, to 
compear when called. The reverend Mr 
John Stirling very narrowly escaped from 
his own house, and was diligently searched 
for by the soldiers, but got off happily. 
Several others of the outed ministers were 
troubled this year; but all the particulars 
would run this account to a very great length, 
and the above mentioned instances may 




suffice. Nevertheless, the word ot 
the Lord was not bound, and pres- 
byterian ministers could not, even under all 
those difficulties, forbear to pity the crying 
necessities of the people who had not access, 
to the churches of the indulged, and were 
daily growing in their aversion to the estab- 
lished clergy, the longer they were among 
them. And it was owned, even by some who 
were not friends to presbyterian ministers, 
that in their sermons in houses and tields, 
they were remarkably countenanced of the 
Lord, and blessed with many seals of their 
ministry, in the conversion of many, and 
edifying those who were brought in. 

There was a letter handed about at this 
time, from a minister to his brother, en- 
couraging him to this work. It was sup- 
posed to have been writ by the reverend 
Mr John Carstairs; and being very sweet, 
and suitable to those times, I have insert it 
at the foot of the page.* The multitudes 

* Letter to a Minister, 1670. 
I take this occasion very kindly to salute you, 
ami to tell you that I desire to be glad in the 
Lord, for the most refreshing comfortable report, 
alter many sad and lamentable ones, that you 
with your brethren ther« are in good earnest at 
their work (as I know some of you have been 
of a good while), and that a wide door and an 
effectual is opened to you of the Lord, though 
you have many adversaries, which I nothing 
doubt but you have laid your account with, 
considering, that the serious and suitable use of 
such a mean hath always had a most foi'midable 
aspect on Satan's kingdom, as threatening to 
make it fall from, heaven like lightning, would 
not miss to meet Tvith the very utmost of his 
and his instruments' permitted opposition, 
which, when met with, will prove but a contir- 
mation and encouragement to you, more strenu- 
ously, vigorously, and valiantly to prosecute 
your work, your ancestors' work (sweet work), 
so much opposed and maligned by the devil, and 
wherein Jesus Christ hath sucli complacency 
and delight, as that which, in ordinary dispen- 
sation, he useth to bless for bringing about that 
which he useth to account satisfaction for the 
travail of his soul. Who knows, if ye will hold 
his stirrup, but he may mount on his white horse 
yet once more, with his crown upon his head, 
and his bow in his hand, conquering and to 
conquer, even in Scotland, Immanuel's land, 
sometime the pleasant land, nay, the glory of 
all lands, ivhere his adversaries liave audaciously 
and malapertly essayed to dismount him, and 
pull his crown off his head, and his bow out of 
his hand. It seems it is coming to a pitched 
battle between Michael and his angels, and the 
dragon and his angels there. O angels of Mi- 
chael, tight, stand fast, quit yourselves like men, 
under the colours and conduct of such a Captain- 
general, and so noble and renowned a quarrel, 

of people hungering after the sincere milk of 
the word, were so great, that in many places, 
houses would not contain them, and in 
others they wanted places to meet in ; and 
when in houses, were by far more in hazard 
to be surprised with the soldiers, than when 
in the fields. LTpon these accounts field- 
meetings turned more frequent this summer; 
especially, in places where there were none 
of the indulged ministers. Thus I find, 
October this year, Mr John Blackadder 
preaching at Balcanquel, IMr John Dickson 

at Glenvail, and Mr David Hume at , 

all in the shire of Kinross. 

Field conventicles were most violently 
opposed, and the soldiers failed not to 
answer their instructions above narrated. 
Three meetings of this sort were no small 
occasion of persecution this year, and I shall 
end this section with some account of them. 
That which made the greatest noise, was 
the conventicle at Beeth-hill, in the parish 

wherein and in whom it were better (if possible) 
to be ruined, than to reign with his enemies, if 
all Cesars. Let none of their threateuings 
move you, and if it should come to that, let not 
your lives be dear to yourselves, in linishing 
your course with joy, and the ministry which 
you have received of the Lord Jesus Christ, to 
testify the gospel of the grace of God. Arise as 
mighty men of valour, go out to your ■work as 
under saviours upon Mount Zion, in the great- 
ness of his strength, and in the zeal of God ; 
and from pure and unbiassed respect to liis 
glory, and to the salvation of immortal souls, 
humblj-, sincerely, and seriously cry. Where is 
the Lord God of Elijah? where are the more 
ancient and latter famous and faithful ministers 
of Christ in the church of Scotland ? where is 
that spirit wherewith these worthies were 
acted ? who knows but he will show himself to 
be among you and restore somewhat of that 
spirit again to you? nay, if this be your mind, 
he will without all doubt be among you, and act 
you with another spirit than we have (alas) for 
most part been acted with in these fearful and 
fainting times; and if you should be imprisoned, 
exiled, or put to death, and so should seem (to 
prejudicate men) to be overcome, yet ye shall 
overcome by the blood of the Lamb, and by the 
word of your testimony, and by not loving your 
lives unto the death; nay, you shall by being 
thus overcome and conquered, be more than 
con((uerors through him that loved you. O 
study to be in case (through close and constant 
following of that work) to say to your adver- 
saries, the prelates, and their inseparable sup- 
porters (against whom in their course, (if we 
have not mistaken God, his word, and way) he 
resolves to have war for ever) in their perse- 
cuting you for preaching the gospel, and because 
you will not utterly renounce your Master's 
commission, and so incur the bay.ard of that 




of Dunfermline iu Fife : it was kept by Mr 
.lolin Blackadder and Mr John Dickson, 
about the middle of June, and a very con- 
siderable number of people were there. 

When they were at public worship 

, \ ,, , ,. IvtV, 

upon the Lord s day, a lieutenant 

of the militia in that place came up on 

horseback to the people, and made a great 

sail and dreadful wo pronounced against non- 
preaching of the gospel, when he calls to it; I 
say, study in following the Lord fully iu this 
work, and iu owning of it, to say to your adver- 
saries, You think to withstand the kingdom of 
the Lord in the hand of his Son Jesus Christ, 
and wished well unto hy us his poor servants ; 
with you are, &c. Have you not cast out the 
priests of the Lord, the sons of Aaron and the 
tievites, and have made you priests of such as 
come to consecrate themselves with, &c. But 
as for us, he is our God, and we have desired 
not to forsake him, we are tlie priests, the 
ministers of the Lord that wait on our husiness, 
and we burn to the Lord every morning, &c. 
and we keep the charge of our God, but ye have 
forsaken him, if so, then you may say humbly, 
yet boldl}-, behold, God himself is with us for 
our Captain, and we his ministers in his name, 
by the trumpet of this gospel which we preach 
(and dare not but preach while we have a coin- 
mission and call), cry an alarm against you : 
fight not against God, for ye shall not prosper, 
nay, if they should prosper yet they shall not 
prosper. This begun preaching of the gospel 
looks (if suitably followed) to be a beginning of 
reviving in our bondage, and tbough bonds and 
deaths of persons should follow it, yet it will be 
a reviviug of his work. O if jtoor, wretched, 
sinful, useless I were in capacity to share with 
you in this work, without its prejudice and 
yours, I think I should account it my glory 
whatever should follow. I know, my dearest 
friend, 1 might have spared this labour as to 
you, on whose heart this work is so much, and 
in whose heart his precious people are so much, 
even to live and die with them in following of 
this work; yet I say to you what is further in 
my thoughts (may I say on my heart) there 
hath no doubt been along all these trials, a spirit 
of fainting and cowardice among us, whereof 
we will all think shame when God shall (if he 
ever shall) restore that poor church to the light 
and sunshine of his reconciled countenance in 
Jesus Christ ; and it seems that he is now 
opening a door of some access to you in a good 
measure, to make up that which hath been 
■\vanting in some point of testimony. O 'won- 
der ! that after such wavering and declining of 
testimonies, he should ever any more give access 
to testimonies, and not send us off the stage 
under the just reproach, that we have not been 
valiant for the truth on earth. Dear sir, alarm 
all your brethren to observe, and not to let slip 
so fair an occasion, so glorious and golden an 
opportunity of a testimony, lest the holy, much 
provoked, and jealous God be put to swear, that 
lienceforth there shall be no more time for a 
l)ublic and joint testimony. Again, it would 
be considered, how much w^e have of a long 
time coveted to have our trial stated on some 
clear and uncontroverted thing: is ther? not 
here a wonderful condescension of God, in 
stating it thus, even according to heart's wish? 
What more clear ground of suffering for a 
minister of the gospel than this, when the long 
starved flocks long for preaching, love preach- 

ing, and diligently wait on it : either utterly 
quit preaching, though 1 gave you a commission 
to preach, and though my poor flocks are starved 
without it, though I required (says Christ 
Jesus) as your great evidence of your love to 
me, to feed my sheep and lambs, especially when 
beaten from their food, and yet seeking after it, 
either quit (I say) preaching, and give bond 
that ye shall do it no more, or go to prison, yea, 
or be a perpetual prisoner. If this be an un- 
clear ground of suffering, or if, being clear, it 
shall, from lothness to suffer, and to be shaken 
out of ease, be darkened, and be misted with 
new fram.-d and forged distinctions, I am afraid 
we shall hardly ever meet with that which shall 
be accounted a clear ground of surtering, and 
will withal manifest that it is mere fear and loth- 
ness to suffer that's with us all along, though 
palliated with some special pretences : but I am 
hopeful there is not a faithlul minister in Scot- 
land (if not under the power of a dreadful 
temptation), that will come under such an obli- 
gation, he will no doubt make himself a close 
prisoner, and put his soul iu irons, by declining 
on these terms to be a prisoner. Further, it 
would be considered, that there are several who, 
though they have their own good measure of 
peace in their minds, in suffering on some other 
accounts, and have some hopes (that though 
condemned by many men) yet God will in 
Christ Jesus graciously accept of them, even as 
to that thing, and liave withal considerable 
accjuiescence in, and satisfaction with their 
aftlicted lot, they would (had it so seemed to the 
Lord) wished that their sufferings had been 
upon this account ; and if it shall be declined 
upon this most honourable account, it may lall 
to be stated in an acciumt less for God's glory, 
less for his people's edification and establishment, 
less for the adversaries' conviction, and less for 
their own peace, than either this, or (it niay be) 
some others would have been. O the jealousy 
of God ! IMoreover it would be weighed well, 
whether, beside what the commission to preach 
the gospel, and the people's need calls, yea, cries 
for, and the humble confidence that ministers 
(though not the greatest disputants) may have 
in the Lord, to defend and justify their practice 
in this matter, having therein more particularly 
the promise of how and what to say in that 
hour ; I say, it would be well weighed, whether 
this piece of good and warrantable policy may 
not be used in faithful following the duty, to 
put the adversaries to discover themselves, who 
will in this case be either much perplexed what 
to do, and (it may be) constrained to forbear 
you, or put, when they have nothing to charge 
you with, but only preaching the gospel, in 
prosecution of your Master's commission, and 
out of compassion to the starved and slain souls 
of the people, there being nothing that looks 
like a way tumultuary and seditious, and rebel- 
lious motions and practice, with which odious 
imputations they have loaded others, put (I say) 
to declare themselves to the world, to be on a 
design of rooting out all faithful preaching of 
the gospel by noncompliance, with this cursed 




,„„, deal of noise and disturbance, and 
' spared not dreadful threatening-s to 
fright, and, if possible, to scatter the people. 
One of the meeting- steps to him, after he 
had entreated him to remove peaceably, and 
taking- the lieutenant's horse by the bridle, 
pulled out a pistol, and told him, he would 
shoot him dead, if he was not silent: and 
wliether the lieutenant would or not, he was 
compelled to sit peaceably upon his horse, 
until public worship was over; and then he 
was left at his full liberty to go Avhere he 
pleased.* Accounts of this horrid insult, as 

prelacy, and so put all the godly in the nation 
to a point, as to what may be looked for in their 
days, which may be no small advantage, espe- 
cially after so much talking of indulgence and 
liberty; yet suitable, Christian, and spiritual 
(not worldly and carnal, which hath much 
hurt us, especially where suffering appeared) 
prudence and circumspection would be used, 
and no needless irritation would be used, nor 
noise made, when a more quiet way may reach 
the end better, but the work would be closely, 
constantly, (and if it be possible) generally and 
harmoniously followed, though with all circum- 
spection, that they may know and be convinced, 
that it is not a t\;w rash and inconsiderable 
persons (as they use to call them) that they have 
to do with, but the very body and generality of 
the serious, sober, nonconform ministers and 
people of the nation. Finally, it is not unworthy 
consideration, what a singular and signal pre- 
sence of God did wait first and last upon hisdying 
and suffering witnesses, and what sweet hours 
several of his poor wanderers have had, even the 
best and sweetest in their life, though most of 
them have suft'ered upon accounts not so obvi- 
ously convincing and satisfying to many as this. 
O stir up one another to this good work, and to 
this good expression of love to Jesus Christ, and 
say humbly in much prayer to God, Behold 
their threatenings, and grant unto thy servants, 
that with all boldness we may speak thy word ; 
and who knows but he will stretch forth his 
hand, that great things may be done by you, as 
instruments in converting and building up of 
souls by the name of his holy child Jesus ? And 
if it shall come to bonds (honourable and de- 
sirable bonds), it may be, through the mighty 
assist-rince and presence of God with the first 
sufferers, many of the brethren in the Lord 
may wax confident through their bonds to 
preach the word more boldly : now, my dear 
and faithful friend, to come to a close of this 
babbling beside my purpose, let me, apoor out- 
cast, unfaithful, sinful -ivretch, beseech and 
obtest you for Christ's sake, the gospel's sake, 
the poor people's sake, the posterity's sake, your 
peace' sake, to take hold of this precious op- 
portunity, wherein many defects may be made 

* Our historian seems to have seen little in 
this meeting besides the contempt which it 
brought upon the indulged presbyterian minis- 
ters, and the effect ^vhich it had, or was sup- 
posed to have had, in preventing more extensive 

it was called, came very soon to Edinburgh; 
and bishop Sharp knew well how to improve 
such an incident, to lieighten the fury of the 
managers against presbyterians and conven- 
ticles : and indeed the council did exert 
themselves with the greatest of fervency in 
this matter. June •23rd, I find they give 
warrant to Mr Henry Murray, to inform 
himself anent the conventicle kept in the 
parish of Dunfermline lately. What report 
he made I see not. But upon the 30th of 
June, I find, Robert Wahvood of Touch 
confessed before the council, he had been 

immunities being bestowed uponthese q nibbling 
trucklers to the royal supremacy ; and his 
account of it, which is most probably garbled 
from Blackader's MS. memoirs, is meagre and 
unsatisfactory. As it was the first armed con- 
venticle, and the first ebullition, since the resto- 
ration, of that spirit of resistance which accom- 
plished the glorious revolution — as it gave new 
life to the friends of religion, and was the mean 
of multiplying and enlarging their meetings 
throughout the united kingdoms, and was pub- 
licly given thanks for in the Scots congregations 
abroad, we shall give Mr Blackader's account 
of it in his own words : 

" On Saturday afternoon, people had begun 
to assemble. Many lay on the hill side all night, 
some stayed about a constable's house near the 
middle of the hill, several others vv^ere lodged 
near about, among whom was Barscob, with 
nine or ten Galloway men. The minister (Mr 
Blackader) came privately from Edinburgh on 
Saturday night, with a single gentleman in his 
company. At Inverkeithing he slept all night 
in his clothes, and got up very early, expecting 
word where the place of meeting was to be, 
■which the other minister was to advertise him 
of. However he got no information, and so set 
forward in uncertainty. Near the hill he met 
one sent by the minister, to conduct him to a 
house hard by, where they resolved, with the 
advice of the people, to go up the hill, for the 
more security and the better seeing about them. 
When they came, they found the people gathered 
and gathering, and lighted at the constable's 
house, who seemed to make them ^velcome. 
While they were in the house, a gentleman was 
espied coming to the constable's door and talking 
friendly with him, who went away down the 
hill. This gave occasion of new suspicion, and 
to be more on their guard. However, they 
resolved to proceed to the work, and commit the 
event to the Lord. When a fit place for th(! 
meeting and setting up of the tent was provided, 
which the constable concurred in, Mr Dickson 
lectured and preached the forenoon of the day. 
Mr Blackader lay at the outside, within hear- 
ing, having care to order matters, and see how 
the watch was kept. 

" In time of lecture, he perceived some fellows 
driving the people's horses down the brae, which 
he supposed was a design to carry them away. 
He rising quietly from his )»lace, asked what 
they meant? They answered. It was to drive 
them to better grass. However, he caused them. 

CHAP, v.] 



present at the conventicle on Beeth-hill, ' merks, that he shall freqnent no 


ordered to lie in prison till he pay it, and 
enact himself in a bond of two thonsand 

Jiriiig them all back again within sight. After 
Mr Dickson had lectured for a considerable 
space, he took to his discourse and preached on 
1 Cor. XV. iib. ' For he must reign till he hath put 
all enemies under his feet.' In time of sermon, 
several ill aifected country peojtle dn)i)i)e(l in 
among them, which being observed by I\Ir 
Blackader, and those appointed to watcli, he 
resolved to sutfer all to come and hear, but in- 
tended to hinder the going away of any with as 
little noise as might be. Among others came 
two youths, the curate's sons, and about fourteen 
or fifteen fellows at their back who looked 
sturdily ; but after they heard they looked more 
soberly. The two young men were heard to 
say, They would go near the tent, and walk 
about to the back side of it, which some, who 
were appointed to watch seeing, followed quick- 
ly ; so they halted in their way. The man that 
came to the constable's house in the morning 
was seen at the meeting, and kept a special eye 
npou. Essaying to go away to his horse at the 
constable's, two able men of the watch went 
after, and asked why he went away ? He an- 
swered, he was but going to take a drink. They 
told him, they would go with him, and desired 
him to haste, and not hinder them from the 
rest of the preaching. So he came back ; but he 
■was intending to go and inform the lieutenant 
of the militia vcho was at the foot of the hill, 
and gathering his men. However, the sermun 
closed without disturbance about eleven hours 
in the foreday, the work having begun about 

" Mr Blackader was to preach in the after- 
noon. He retired to be private for a little 
meditation. Hearing a noise, he observed some 
bringing back the curate's two sons with some 
violence, which he seeing, rebuked them, and 
bade let them come back freely without hurt, 
and he engaged for them they would not go 
away. So they staj-ed quietly, and within a 
quarter of an hour he returned and entered the 
tent ; after some preface, which was counte- 
nanced with much influence, not only on profes- 
sed friends, but on those also who came with ill 
intentions, that they stood astonished, with great 
seeming gravity and attention, particularly the 
two young men. It was, indeed, a composing 
and gaining discourse, holding forth the great 
design of the gospel, to invite and make welcome 
all sorts of sinners without exception. 

" After prayer, he read for text 1 Cor. ix. 16. 
' For though I preach the gospel I have nothing 
to glory of; for necessity is laid upon me, yea, 
wo is unto me if I preach not the gospel.' After 
he had begun, a gentleman on horseback and some 
few with him, came to the meeting. He was the 
lieutenant of the militia in that part of the 
country, who, lighting, gave his horse to hold, 
and came in among the people on the minister's 
left hand, stood there a space, and heard peace- 
ably. Then essaying to get to his horse, some 
of "the watch did greatly desire he would stay 
till preaching was ended, telling him his abrupt 
departure would offend and alarm the people. 
But he refusing to stay, began to threaten. 

lowed him, met yet with harder measure. 
July 14th, Mr Alexander Hastie, since 

drawing his staff. They, fearing he was going 
to bring a party to trouble them, did gripe and 
hold him by force as he was putting his foot 
into the stirrup. Upon this, IJarscob and ano- 
ther young man, who were upon the opposite side, 
seeing him draw his staff, which they thought to 
be a sword, presently ran, each with a bent 
pistol, crying out, Uogue, are you drawing ? 
Though they raised a little commotion on that 
side, yet the bulk of the people were very com- 
posed. The minister seeing Barscob and the 
other so hasting to be at him, fearing they 
should have killed him, did immediately break 
oft', to step aside for composing the business, and 
desiring the people to sit still till he returned, 
for he was going to prevent mischief. Some, 
not ■willing that he should ventiu'e himself, 
laboured to hinder him. He thrust himself 
from them, and passing forward, cried, I charge 
not to meddle with or do him any hurt; which 
had such an influence on them, that they profes- 
sed afterwards they had no more power to meddle 
with him. The lieutenant seeing it ■was like to 
draw to good earnest, was exceedingly afraid, 
and all the men he had. But hearing the min- 
ister discharging the people to hurt him, he 
thrust next to be at the minister, who had cried, 
What is the matter, gentlemen ? Whereon the 
lieutenant said, 1 cannot get leave, sir, to stand 
on my own ground for thir men. The minister 
said, Let me see, sir, who will offer to wrong 
you ; they shall as soon wrong myself, for ■we 
came here to offer violence to no man, but to 
preach the gospel of peace ; and, sir, if you be 
pleased to stay in peace, you shall be as welcome 
as any here ; but if yon will not, you may go : 
we shall compel no man. But, said he, they 
have taken my horse from me. Then the min- 
ister called to restore him his horse, seeing he 
would not stay willingly. Thus he was dis- 
missed without harm, at the minister's entreaty ; 
who judged it most convenient that the gentle- 
man, and others to whom he should report it, 
might have more occasion of conviction that 
both ministers and people, who used such meet- 
ings, were peaceable, not set on revenge, but 
only endeavouring to keep up the free preaching 
of the gospel in purity and power, in as harm- 
less and inoffensive a way as possible. Some of 
the company, indeed, would have compelled and 
bound him to stay if he had not been peaceable ; 
but they were convinced afterwards that it was 
better to let him go in peace. 

" The whole time of this alarm on that quar- 
ter, all the rest of the people sat still composedly, 
which was observed more than ordinary, in any 
meeting either before or after (seeing such a 
stir), as in many other things the mighty power 
and hand of the Lord was to be seen in that 
day's work, and the fruit that followed thereon. 
When the lieutenant ^vas gone, the rest, that 
dropped in through the day with the curate's 
two sons, stayed still, not offering to follow. 
After composing that stir, which lasted about 
half an hour, the minister returned to the tent, 
and followed out the rest of his work, preaching 
about three quarters of an hour with singular 



[BOOK 11. 

the revolution minister of the gospel 
at Ghisg-ow, Adam Stobie of Luscar, 
WilLuim Adam merchant in Culross, James 
Sloss in Borrowstonuess, David Mather 
elder in Brignies, John Rankin in Bonhard, 
James Duncan in Grange, were brought 
before the council, and interrogated if they 
were at the said conventicle. All of them 
acknowledged they were. Then they were 
required to give up upon oath the names of 
the ministers, and others, whom they knew 
to have been at that meeting. This they 
peremptorily refused, and the council imme- 
diately found them guilty of contumacy, and 
iined each of them in five hundred merks, 
and sent them back to prison, there to lie in 
irons during the council's pleasure. I find 
this day the council pass a decreet against 
keepers of conventicles, particularly at Liv- 
ingseat, and Hill of Bceth, fining multitudes 
in great suras. Those persons lay in prison 
till the parliament sat ; and by their second 
act, Aug-ust 3d, (as shall be observed) 
appointed such who refuse to give their 
oath super inquirendis, to be banished ; and 
upon this act, they, with some otliers, were 
lianished the kingdom, as we shall just now 
hear. So unreasonable and unrighteous 
were our managers now ! They form laws 
to catch conscientious persons in matters 
wherein their pi'inciples were concerned; 

countenance, especially after composiDg the 
tumult. All the time there were several horse 
riding hither and thither on the foot of the hill 
ill view of the people ; but none offered to come 
near, for a terror had seized on them, as was 
heard afterward, and confessed by some of them- 
selves. The minister apprehending the people 
might be alarmed with fear, that they could not 
bear with composure, though none did appear, 
did for their cause close sooner than he intended, 
though the people professed and said they would 
rather he had continued longer, for they found 
none either wearied or afraid." — Memoirs of the 
ilev. John Blackader, pp. 144 — 148. 

Before concluding this note we may remark, 
that of all the outed ministei's, with the excep- 
tion, perhaps, of Mr John Welsh, Mr Black- 
ader seems to have been the boldest, and the 
most successful, in collecting at these kind of 
meetings the scattered follo\vers of Christ, 
^vhose languid graces he was often the honoured 
instrument of reviving and exciting in a very 
high degree. He had been, like many others, 
ejected from his parish (Troqueer) by the famous 
act of Glasgow, and betvt'eeu the years 1665-66, 
harassed by that base tool of tyranny, Sir James 
Tui'uer, was obliged to leave that part of the 

yea, even made them look backwards, and 
reach supposed crimes, committed before 
their laws were made. 

Upon the IGth of August, the council 
pass an act against the above named persons. 
" Whereas Mr Alexander Hasty in Dun- 
fermline, &c. as above, being called to de- 
pone anent the conventicle at Beeth-hill, 
and refused; as also Mr John Vernor, and 
Robert Orr in Miln-bank, who had a child 
baptized there, the council banish them out 
of the king's dominions, and order them to 
be transported to the plantations, and net 
to return, on pain of death." This good 
youth Mr John Vernor, was challenged for 
another conventicle, and for this crime of 
conventicles, and that of refusing to betray 
his honest neighboiu-s and acquaintances to 
the fury of persecutors, was most barbar- 
ously dealt with. He was fed on bread and 
water, and put so close in the irons, that 
his leg gangi'ened, which within a little cost 
him his life. Under such cruelties, some of 
the best quality interposed for his liberation; 
but that meeting was so galling to the 
council and commissioner, that no ear was 
given for some time. At length, when his 
leg turned very ill, upon the 3rd of November 
I find him and Robert Orr set at liberty, 
upon their giving bond and caution to appear 
when called, under the penalty of five hun- 

couniry, and, with his family, attempt to find 
shelter in Edinburgh. Here he occupied a 
large house, and, especially after Pentland, 
preached in it to crowded audiences. Upou 
special invitation, he soon after this came to the 
west, where, particularly in the parishes of 
Evandale, Ne\vmills, Galston, Dunlop, Feu- 
^vick, Eaglesham, and Kilbride, he preached 
often to crowded audiences. These visits he 
frequently extended to Paisley, where he bap- 
tized many children, and to Glasgow, where his 
congregation frequently exceeded two thousand 
persons. At Borrowstonuess he established 
a congregation, and, through the interest of his 
relation, major Hamilton, baillie of regalitj' to 
the duke of Hamilton, procured for it the free- 
dom of undisturbed worship. — He continued 
the same practice with much of his Master's 
countenance, as we may have again occasion to 
notice, till he was, as related by our historian, 
shut up in the Bass, in the year 1G81, where he 
may be said to have obtained the crown of mar- 
tyrdom, not, indeed, by the violence of a few 
hours or moments, but by the more refined 
cruelty of long protracted years of confinement 
and privation. — Ed. 

CHAP, v.] 



tired merks each. And to end the accounts 
of the persecution for this conventicle, upon 
the 11th of August, James Dundas, hrother 
to the laird of Dundas, confesseth his heing- 
at the conventicle at the Hill of Beith; and 
refusing to depone hefore the council, Avhoni 
he saw there, and who preached; they find 
he hatii contravened an act of parliament, 
banish him the king's dominions, and order 
him to be transported to the plantations not 
to return on pain of death. However, I 
find, August 28th, Mr Dundas gives his 
oath upon some interrogatories anent this 
conventicle, and is liberate by the council. 
Many others were brought under hardships 
for this conventicle, such as, Margaret 
Martin the lady Colvil's gentlewoman, and 
Bessie Young a servant of hers, who con- 
tinued in prison a long time ; and for several 
months the soldiers brought multitudes in 
that neighbourhood to great trouble. 

Another conventicle which made a great 
noise at this time, is that at Livingseat, in 
Carnwath parish, much about the time of 
the former, or a little before it. Their 
procedure against persons alleged to be 
there, was much of a piece ; so I may be 
very brief upon it. June 23d, Mr John 
Vernor, who, it seems, was at both, " son 
to Gavin Vernor in Mortoun, being required 
by the council to depone, what he knew of 
the persons present, and minister who 
preached at a conventicle at Livingseat, 
and refusing to give his oath, is committed 
close prisoner, and ordained to lie in irons 
during the council's pleasure, and to be fed 
with bread and M'ater." And further, the 
council fine John Carmichael in Blackburn, 
and David Carmichael in Potishaw, in a 
hundred merks each, for being at that meet- 
ing. And the forementioned decreet, July 
14th, fines a great many others in absence, 
for their being there. 

The last conventicle I notice, was in the 
beginning of July at the Torwood. And 
July 7th, the council being informed of a 
large conventicle at Torwood-head, appoint 
a letter to be written to the earl of Callender, 
to use his interest to bear down conventicles 
in Stirlingshire: and upon August 16th, 1 
find the council have Charles Campbell in 
Airth before them. He confessed he %^ as 

at the conventicle in Torwood; and 


refusing to dejione, was banished, 
and ordered to the plantations. After some 
months' imprisonment, he falls sick through 
his harsh treatment; and, December Sth, 
the council liberate him, upon his giving 
bond and caution under five hundred merks, 
to compear when called. I find little more 
concerning conventicles this year, unless it 
be, that August Uth, Mr Alexander Strang 
is called before the council, for alleged 
keeping of conventicles, which he positively 
denies since Martinmas last, affirming, that 
he waited upon ordinances every Lord's day, 
in the parish church where he lives. The 
council dismiss him. 

Of the committee of council, their actings 
in the u-est, April 1670, the insults upon 
incumbents, and several other things this 

In this section I shall put together several 
occurrences throughout this year, which will 
not so properly come in upon the general 
subjects in the following sections, and may 
be of some use in order to our understanding 
the state of this church, and of presbyte- 
rians; and I shall begin with the attacks 
made upon the episcopal incumbents, and 
the violent prosecution of innocent people 
upon that score. Some of the occasions of 
those attempts, in the general, have been 
pointed at, and now I come to narrate 
plain matter of fact, as far as it hath come 
to my hands. 

The order of time leads me to begin with 
the attempt made upon Mr Robert Boyd 
curate at Carmunnock. " The council, 
January 6th, being informed of a robbery 
committed upon the person and goods of 
Mr Robert Boyd, letters are directed 
against the heritors." We shall afterwards 
have some specimens of Mr Boyd's perse- 
cuting temper, and his sitting in oppressive 
courts with major White. Whether this 
was at the bottom of the attack made upon 
him, or if it was an act of burglary, committed 
by some common thieves, I do not linow. 
But, upon the 26th of January, I find a 




decreet mven out ajrainst the heri- 
1670 . 

■ tors and parish of Carmunuock, in 

the council registers, bearing, that his house 
was rifled, his wife wounded, and Mr Boyd 
sought for, but not got. Sir Archibald 
Stuart of Castlemilk appears, and acknow- 
ledges the matter of fact, but knows nothing 
of the actors. He and the parish, accord- 
ing to the laws formerly mentioned, are lined 
in fifty pounds sterling, and, F"cbruary 7th, 
Sir Archibald pays the fine, and it is given 
to Mr Robert Boyd. 

This, with some other attempts of the 
like nature, in other places, about this time, 
produce a committee of the council to 
uiquire into them, and for the punishment 
of the actors, and some other things : of this 
it is proper to give some accounts. Upon 
the 6th of April, " the council remit 
it to the archbishop of St Andrews, duke 
Hamilton, and some others, to consider 
upon ways to secure orthodox ministers, 
to consider the petition of Mr Alexander 
Mortimer minister at Kirkcudbright, and 
the injnry done to the minister of Kilmal- 
com; with power to call for the papers 
taken upon Mr John Rae, and to consider 
the decreets given in by Mi* Nathanael 
Fyfe, against keepers of conventicles, and 
report." I have met with nothing further 
anent Mr Mortimer, and know not well 
what these papers related to, which were 
found upon Mr Rae : but I hear they 
contained the names of some parents, 
whose children he had baptized, who were 
afterwards prosecuted on that account; 
only I find him upon the 3d of March, 
ordered by the council to be cai'ried from 
the Canongate tolbooth to the Castle of 
Stirling. Upon the 7th of April the report 
is made ; and the council havino^ consi- 
dered it, agree to the commission-instruc- 
tions, and other acts brought in by these 
appointed to consider this matter. The 
tenor of the commission follows : 

Commissions anent some disorders in the west. 
" Charles, by the grace, &c. To all and 
sundry our lieges and subjects, vihom it 
efFeirs, greeting. Forasmuch as, notwith- 
standing divers acts of parliament and 
council made against withdraT^ing from the 

public worship in churches, keeping of 
conventicles, or private meetings, upon 
pretext of worship, or other religious exer- 
cises, by baptizing or marrying by persons 
not allowed by autliority ; and likewise, for 
security of ministers in their persons and 
goods, against the interrupting of Divine 
service, and the acts of council made anent 
ministers indulged to preach : yet sundry 
disloyal and seditious persons, especially in 
the shires of Ayr, Lanark, Renfrew, and 
others after specified, have of late contra- 
vened the said acts, by deserting their own 
parish kirks, keeping conventicles, disorderly 
marrying and baptizing their children, mak- 
ing attempts upon, and offering several in- 
juries unto loyal and peaceable ministers, 
dealing with and menacing them to leave 
their churches, and committing of several 
other disorders, to the high contempt of 
our authority, and great scandal of religion. 
And we, considering that it doth very 
much import our honour, and the peace 
and quiet of this church and kingdom, that 
some speedy and effectual course be takeii 
for repressing such disorders and insolen- 
cies, and preventing the like in time coming, 
and that it may contribute to the discovery 
of the actors and contrivers of such disor- 
ders, that the same be tried upon the place 
where they were committed, do, with the 
advice of the lords of our privy council, 
grant full power, warrant, and commission 
to William duke of Hamilton, Alexander 
earl of Linlithgo\A', William eai'l of Dum- 
fries, Alexander earl of Kincardine, Wil- 
liam earl of Dundonald, the lord clerk 
register, and lieutenant-general Drummond, 
or any four of them, to put to due and 
vigorous execution the foresaid acts of 
parliament and council against the contra- 
veners thereof, within the shires of Stirling, 
Linlithgow, Dumbarton, Lanark, Ayr, and 
Renfrew, to levy and exact the pains and 
penalties therein contained. And to that 
effect we appoint our said commissioners, 
or their quorum, to repair to, and meet at 
Glasgow, the '27th day of this instant, and 
thereafter, to meet at such times, and 
places within the said shires of Lanai-k, 
Ayr, and Renfrew, as they shall think 
convenient; and then and there, to call 

CHAP, v.] 



before tliem such persons, iis they shall he 
informed have contravened the foresaid 
acts, or any of them; and, if need be, to 
issue warrants and precepts for citiiigf them, 
and witnesses for proving- wliat shall be 
laid to their charge, to use all trial and 
probation requisite, and to proceed to give 
sentence against such as they shall find to 
be guilty, in fining, confining, or imprison- 
ment of their persons ; and to put these 
decreets in execution, by poinding their 
goods, imprisoning of their persons, or 
otherwise, as accords : with power to otir 
said commissioners, or their quorum, to 
seize upon and commit to prison such 
persons as they shall think fit, and to take 
caution for the appearance of any persons 
before our privycouncil.or before themselves, 
and, in case of refusal, to imprison them : 
and generally with power to our commis- 
sioners, or their quorum, to do and exerce 
all things necessary and requisite for the 
effectual prosecution of this our commission, 
and the particulars above mentioned, as fully 
and freely in all respects, as a quorum of our 
council might have done themselves, promit- 
tend to hold firm and stable. And we do 
hereby require all sheriffs, stewards, herita- 
ble bailies, magistrates of burghs, and others 
our good subjects, within the said shires, 
readily to answer, obey, concur with, and 
assist our said commissioners, being reqnii-ed 
thereto by them ; as they will be answerable 
upon their highest peril : and that they 
make report of their diligence in the 
premises to our privy council, betwixt and 
the first council day in June next. Given 
under our signet at Edinburgh, April 7th, 
" Rothes, Chancellor, Tweeddale, 
St Andrews, Drujilanerk, 

MoRTouN, Sinclair, 

Athole, Jo. Gilmour, 

Caithness, Jo. Nisbet, 

Dunfermline, Charles Maitland, 

Weems, Robert Murrat." 


Instntctions given to the commissioners 
foi the western shires. 

" Imo. You are to take trial of the 
business of the minister of Maybole, and the 
attempt made on him, so far as the same 


shall not be tried by the council. 
•2do. You are to take trial anent the 
abuse done to IVIr John Irvine minister at 
Kilmalcom, both in the church, and in the 
house of Finlaston. 3tio. You are to try 

the abuse done to , minister, while 

he was passing through the town of Kil- 
malcom, and likewise any other attempts 
of that nature, whereof you shall receive 
information. 4to. You are to call before 
you those persons, for whose appearance 
before the council the earl of Linlithgow 
hath taken bonds, for their keeping of 
conventicles. 3to. You are to call before 
you the resetters of the rebels, and put the 
laws and acts of parliament and council in 
execution against them. Cto. In the trial 
to be taken by you of those who have 
contravened the acts of parliament and 
council, you are to begin at the most 
eminent persons, noblemen, and gentlemen. 
7mo. You are to call before you the 
ministers allowed to preach by the council, 
and to take trial what obedience hath been 
given by them to the act of council, dis- 
charging them to lecture before sermons; 
and if they have notwithstanding lectured, 
upon what account they have done the 
same ;* and you are to take trial of their 
carriage and behaviour since they were 
allowed to preach. 8vo. You are em- 
powered to call for thirty horsemen of his 
majesty's troops of guard, to attend you in 
this service, and to execute such orders and 
commands, as they shall receive from you, 
in prosecution of your commission. 9no. 
You are also to give such orders to the 
forces in the west, for removing of their 
quarters, and otherwise, as you shall think 
fitting, in order to the present service. 
lOmo. You are to do all other things requi- 
site for the effectual prosecution of this 
service, which may tend to the settling and 
securing of the peace of the kingdom." 

Jointly with these instructions, there are 
orders given to the officers and commanders 
of the standing forces, to obey such orders 
as shall be directed to them by the said 

* This is another proof of the real nature of 
the indulgence, and that it was at first a snare, 
and in the end a source of much sufTering. — Ed. 



[BOOK 11. 

commissioners, or any one of them ; 
1670. . 

' and the council, the same day, 

make an act aneut the payment of ministers' 

stipends thrust from theii* charges, which I 

likewise insert. 

" The lords of his majesty's privy council, 
considering the many direct and violent 
means essayed in the western shires of this 
kingdom, to thrust orthodox ministers from 
their charges; and that, as in pursuance of 
their trust, they have made several acts and 
ordinances for the security of the persons of 
those miuistei's ; so it is most consonant with 
justice and equity to take care for their 
maintenance, where, fromjust apprehensions 
and fears of being rudely entreated, they are 
forced to desert and relinquish their cure : 
therefore, the said lords do declare, that 
where any of the said ministers are, by 
menacing, just grounds of fear, or violence, 
put from their churches, that during their 
natural life they will maintain them in the 
possession of their benefices and stipends, 
according to their rights thereunto. As 
also, in the cases where the said ministers 
shall be provided to other kirks and bene- 
fices, whereby the former churches shall 
become vacant, the said lords do declai'e, 
they will give power and warrant to the 
collectors of the vacant stipends, to intromit 
with the benefice, and uplift the stipends be- 
longing to the said churches ; and that ay 
and while orthodox ministers be settled in 
the same by presentations from the patrons, 
and collations from the archbishop or 
bishops of the dioceses where they ly, 
according to law " 

In order to ripen matters for this com- 
mission, the earls of Dumfries and Dun- 
donald are appointed by the council to 
make inquiry beforehand, that the work of 
the commissioners may be shortened as 
much as may be. The procedure of this 
commission, as to the indulged ministers, 
hath been already given account of; and I 
only now consider what they did as to 
orthodox ministers, as they called them, 
who were attacked. The business of the 
attempt alleged to be made at Maybole in 
Ayrshire, and Kilmalcom in Renfrewshire, 
Avere before the conunittee ; but indeed no- 
thirg could be found in either of them of 

great importance, so I shall give but a hint 
of each. 

Maybole business is first in their instruc- 
tions, and it stood thus. When the com- 
mittee were at Ayr, Mr JafFray, curate 
there, renewed his complaint, Avhich he had 
formerly tabled before the council ; that 
some of his parishioners had attempted to 
murder him, and discharged a pistol at his 
breast. The ball, he said, came upon a 
book, which he was carrying in his bosom 
under his coat, and this saved his life. 
Every body almost reckoned this an ill 
made story, to get a little money, by M'ay of 
fine, from the parish. The heritors and pa- 
rishioners offered to prove before the com- 
mittee, that when Mr Jaffray first divulged 
the attempt alleged to be made upon him, 
and showed the book which he said was 
imder his coat, the book was indeed pierced, 
as seemed, by a ball, but his coat had no hole 
in it ; so senselessly ivas the forgery made. 
But this method, though very natural, could 
not be allowed. Mr Jaffray was permitted 
to produce all his proofs and evidences to 
fix the guilt, but in vain, for nothing could 
be proven : and generally it was believed, 
he had pierced his book himself, and forgot 
to make a liole in his coat. So this busi- 
ness ended in laughter, and very quickly his 
parishioners brought in more solid com- 
plaints against him, as we shall hear, this 
same yeai*. 

Mr John Irvine's business stood thus. 
In February or March, it was pretended, 
evil was designed against him : he was in- 
deed, and not without ground, very ill liked 
in Kilmalcom. While he was preaching on 
a Lord's day, some boys cast a bit of a 
rotten stick at the pulpit in time of sermon. 
Upon the noise it made upon the pulpit, he 
presently left it, and got to his own house. 
As he went home in a fear and haste, some 
of the boys followed him, M'ith huzzas and 
cries, till he got into his house. This is all 
I can hear of. A terrible noise is made, 
that the minister had been stoned out of his 
pulpit, and forced to flee for his life to the 
manse. The committee examined this riot, 
and found nothing in it but a freak of some 
idle boys, anr^ that it ^^as a matter very un- 
worthy of such a sputter as had been made 

CHAP, v.] 



about it. What sentence they came to at 
Glaisgow, I know not; but I suppose they 
remitted this affair to the council : for in 
their records, June 16th, they tind James 
Watson, James Rankin, John Hattrick, and 
Williiim Sinclair, guilty of the tumult in 
Kihnalcom, and of hounding out of dogs on 
the minister ; and the council order them to 
be transported to the plantations. And, 
upon the 23d of June, John Hattrick and 
William Sinclair, because of their youth, arc 
liberate, upon condition of their appearing 
before the congregation, and declaring their 
soiTow for abusing the minister of Kilmal- 
com. Whether the other two were banished, 
ergot off the same way, I have not informa- 
tion. Upon July 14th, I find the storm 
lands upon the parish ; and the heritors and 
parishioners of Kihualcom are first fined in 
fifty pounds sterling, and then it is increased 
to a hundred pounds, to be paid to Mr John 
Irvine ; and the lairds of Duchal and Cara- 
cui-ran, two heritors, then at Edinburgh, aix' 
discharged to leave the town till they pay 
that sum. 

It \vas thought that the discoveries this 
council-committee would make, might be a 
foimdation of taking away the indulgence ; 
but the members of the committee found all, 
or most of the alleged disorders among the 
common people, were occasioned by the ill 
carriage of the incumbents. Indeed their 
naughtiness, drinking, oaths, and unclean- 
ness rendered them very hateful ; and their 
oppressions, and harsh treatment of their 
people, had produced some disorders: so 
nothing was further done at this time against 
the indulged. 

There arc two other attempts this year 
upon the incumbents I have met with, and 
shall bring them in here. June 9th, the 
council order out summons against the 
parishioners of Neilston, for a riot com- 
mitted upon their minister, Mr Alexander 
Kinnier, and his wife. It was libelled, that 
some time in May, upon a Saturday at 
twelve at night, nine or ten men came into 
the house, beat Mr Kinnier and his wife, 
and plundered the house. The heritors are 
fined m a thousand pounds Scots, and Allan 
Stuart of Kirktoun is forbid to remove from 
Edinbui-gh till it be paid. And, August 28th, 

I find the parish of Glassford, in 
Lanarkshire, are most injui'iously 
fined. It is alleged, that some persons in 
arms attacked the house of Mr James 
Finlay, incumbent there, searched for him, 
and plundered the house. July 14 th, the 
council fine the parish in a thousand pounds 
Scots. The house was indeed broke by 
common thieves and robbers; some of them 
taken for other crimes, and executed, at 
their death confessed they had broke Mr 
Finlay's house ; and, before their death, 
declared, that to their knowledge there was 
not two dollars worth of skaith done to 
him, and not one person in the parish was 
in the least concerned. 

Some other particulars, I meet with this 
year, shall fill up this section, that the sub- 
jects of the two following may not be in- 
tciTupted; and they shall be narrated just 
in the order they fell out. January 13th, 
the council publish a very good proclama- 
tion against papists, which is printed ; and 
had it been prosecute with as much care and 
application, as their proclamations against 
conventicles, and in defence of their ortho- 
dox ministers, it had been more for the in- 
terests of real religion. But the prelates 
saw to the one and neglected the other ; so, 
I find, the same day the council recommend 
it again to the archbishops and bishops, to 
gather up lists of persons who are papists, 
and suspect of popery ; and that a general 
list be formed out of them, and laid before 
the council, January 1st next to come. At 
that time I find no return made. 

With what views a discharge was gi-anted, 
April 9th this year, to general Dalziel, I 
know not; but I have before me a copy of 
a patent, Avhich passed at this time under 
the great seal : " giving and granting him, 
his heirs and executors, a full and ample 
discharge and exoneration of that trust and 
employment he had as lieutenant-general, 
colonel of a regiment of foot, captain of a 
troop of horse, and a company of foot, and 
of the whole heads and tenor of the said 
foiu" commissions, from July 19th 1666, 
until April 8th 1668, Avhen they were 
recalled ; declaring that he shall never be 
questioned, cited, or challenged for any 
actings, orders, or deeds done, or omissions, 




, „^„ if any such have been, in these capa- 
cities, by the king or his succes- 
sors, or any having power from them." 
Without doubt the general needed such 
a discharge, and probably it is now passed 
with a view to his entering upon the full 
possession of some of the forfeited estates. 

In July this year, ]Mr John Menzies, 
minister of the gospel at Carlaverock, near 
Dumfries, after he had for some time ob- 
served the plain favour shown to papists, 
and had again and again remonstrate against 
the growth of popery, to the bishop in the 
diocesan meeting, and to his brethren of the 
exercise ; when he saw so many favouring 
popery, and violent in persecuting pro- 
testants, he at first A^ithdi-ew from their 
meetings, and at length he sent his TVTitten 
testimony to the presbytery of Diunfries, 
July 12th this yeai', and therein he declares 
against prelacy, as connected with popery, 
and what he had now discovered a great 
evil in. His own paper will speak best for 
him. How his testimony, which he desires 
may be recorded, was taken, and what 
followed upon it, I know not, but have in- 
serted it at the foot of the page.* We 

* Mr John Menzies' testimony, July, 12, 1670. 

That whicli liath saddened the heart, and been 
matter of lamentation to many, is, that when 
through the good hand of God upon us, through 
the goodness of our laws, civil and ecclesiastic, 
and through the faithfulness and diligence of 
the watchmen of the Lord's house, the abomi- 
nation of popery was almost rooted out of our 
land, that that noisome and pernicious weed 
hath of late years gotten a great footing 
amongst us again : and while not only the 
noisome tares of popery, (being nothing else but 
a bundle of the grossest heresies, blasphemies, 
idolatry, and antichristian apostasy) are not 
only sown and under the clod, but fair above 
ground, overspread many parts of our land, as 
the sad experience of our bounds doth testify, 
but also profanity of all sorts abounding amongst 
all ranks and degrees of people ; and while many 
godly in the land are mourning in secret for 
these abominations, as being a sad prognostic of 
the Loi-d's departing from us, and a judicial 
stroke of his vengeance, ptmishing us for some 
former apostasies, and neglect of the exercise of 
religion, that the spiritual watchmen of the 
Lord's house, to whom the care of these things 
(loth principally belong, and, for any thing 
known to us, while others are weeping, they are 
not concerned, lying by secure. It is likewise 
not unknown to some of you, tliat albeit, at 
some of the later synods, I did regret the growth 
of these ills, and did entreat that some effectual 
remedy might be made use of, preventing the 

shall afterwards meet with some others, who 
very happily had their eyes opened to see 
the evil of their conformity to prelacy, and 
left the bishops and their way, from a full 
conviction of this. 

Throughout this year, new discoveries 
began to appear of the villauy and oppres- 
sion of the former years, particularly of Sir 
William Bannantyne's grievous oppressions. 
I find several heritors and gentlemen apply- 
ing to the council, and complaining that Sir 
William and others had taken away their 
rights and evidences in the year 1607, and 
craving that they may be retm-ned : and the 
council are so just, as to order their clerks 
to return any of them which are in their 

To conclude this section; when the time 
of the parliament's sitting drew near, the 
commissioner Lauderdale comes down about 
the end of July, and he, to ingratiate him- 
self with the prelates, renews the severities 
against the presbyterian outed ministers. 
Upon his arrival at Edinburgh, he discharges, 
by proclamation, any of them from coming 
to town Avithout license, and that under the 
pain of death. And at the same time, as 

further increase of the same : albeit much was 
promised, yet nothing hath been performed. I 
did likewise often represent and regret to you 
the I'everend brethren of the exercise here, the 
abounding of these abominations in most parish- 
es of this presbytery, and particularly within, 
the bounds of my charge, desiring that such 
power as God hath put in our hands, might be 
used for stopping of these ills; and particularly 
the last day J was at your meeting, I did desire 
that by an act of presbytery (as once before, 
though afterwards slighted) it roight be ap- 
pointed, tliat every one within the bounds of 
their several charges, should proceed against all 
professing popery, to the close of the process at 
least, as against the profane ; and that they 
should bring in the particular lists so soon as 
any made defection, but was plainly refused that 
any such act should be made thereanent that 
day, and rather judged impertinent, it being 
declared not to be seasonable ; and some of you 
asserting them to be the presbytery's useful 
friends : in consideration whereof, as I have 
not kept with you since, so I conceiving myself 
bound in conscience to repi-esent unto you this . 
my testimony against popery, in the roots and 
branches thereof, and your not enjoining it as a 
duty on every member, to proceed to excommu- 
nication against the people of these abomina- 
tions, and that without any delay, I shall like- 
wise not conceal from you, the reverend brethren 
here, that my beholding this your way, hath 
occasioned mv more serious thoughts of the 




hath been hinted at in the former section, 
several of them who were most frequent in 
preaching-, are cited to appear before the 
council, at several diets, in Auffust. Most 
of the ministers who were cited, came in as 
secretly as they could, to inform themselves 
what they were to expect : and finding that 
all, or many of them, were to be shut up in 
prison, and banished their native country, 
after several meetings together, they resolved 

course of conformity with prelacy : and albeit, 
that popery and profanity may be very accidental 
to the course of conformity with prelacy; yet 
beliolding that (which is the observation of 
people of all persuasions) these two pernicious 
weeds thrive so kindly in your soil, it hath 
moved me now more than ever to search what 
of God can be in that way. And being also called 
of God by his late dis|)ensations, to a serious 
and particular search of my way, while in the 
use of means I have souglit the Lord for light 
herein, this is the result of what I have attained 
to, that I, through scripture-light, and other 
•"ugagements (whatever others do), cannot any 
longer adhere to conformity with prelacy, with- 
out the grievous wounding of my conscience, 
\ipon which I dare not adventure; and that by 
the former conformity, I have exceedingly 
offended God, and have been a stumbling-block 
in the way of people : for the which, as I desire 
to be humbled before God, so I crave pardon 
of all his people whom I have offended. This 
^ declare, upon the account of no worldly ad- 
vantage, for no shadow hereof can be alleged ; 
but, my witness is in heaven, 1 do it only for 
the glory of God, the edification of his people, 
and the exoneration of my own conscience. 
And now not knowing when, where, and how 
long I may be allowed to advise you, or any of 
the Lord's people in his name, to that ivhich, 
in the Lord's strength, I mind to practise, 
my humble advice is, that you would consider 
your ways, and ponder tliat you are to make an 
account of the exercise of your talents, before it 
be long, that your peace may be well bottomed 
when ye are to step into eternity. And since 
much of the growth of these ills has its rise from 
the negligence of such as should be the faithful 
keepers of his vineyard, I shall yet once more 
obtest you, in the bowels of Jesus Christ, as ye 
love the glory of God, the credit of the gospel, the 
salvation of these deluded wanderers, the secu- 
rity of your own peace in a day of strait, which 
the Lord may make you meetwitli, albeit ye now 
think he hath made your mountain stand strong, 
and as ye would clear yourselves of that reign- 
ing scandal of a sensible compliance with the 
l>eopIe of these abominations ; and that when 
many of your brethren are cast out, whom the 
Tjord hath made polished shafts in his own 
right hand, for gaining many souls unto Christ, 
that, such an oversight should be indulged to 
these who have been ylestroyers of the Lord's 
holy mountain, and have laid his vineyard 
waste ; that in this nick of time ye would bestir 
yourselves for the reducing of some, con- 
vincing of others of their ways, according to 
your place, power and calling, separate the 
juecious from the vile, that they may no more 

not to compear. However, when ,^r-n 
together they agreed upon the 
draught of a letter to be sent through 
their brethren, aud the people of their 
persuasion, up and down the country, to 
stir them up to more than ordinary prayer 
and supplications. Aud that the reader 
may have a view of the excellent spirit of 
these good men, I have inserted it as a 
note.* This paper was very quicken- 

infect the weak of the Lord's flock, or pollute 
or offend any more upon the Lord's holy moun- 
tain ; otherwise it is much to be feared, the 
Lord will reckon with you for the blood of 
souls, make you contemptible in the sight of 
others, make you to be trampled on as unsavoury 
salt, yea, make you become vile in the eyes of 
these hardened ones, whom, albeit they walk 
with you for the present with horns of a lamb, 
yet afterward ye may hear them speak with the 
mouth of a dragon, and to prove pricks in your 
eyes, and thorns in yonr sides, in the day when 
your greatest straits and saddest trials shall 
come. And finally, brethren, as for prelacy, 
whereupon the Lord hath stamped this mark of 
his displeasure, that under it truth and godliness 
have been under a sensible decay, so that ye 
would consider and ponder the same impar- 
tially, in the balance of the sanctuary; then, 
who knows but ye shall discover it to be a plant 
not set by the hand of God, but of man, and 
which the Lord, in his own time, may cause to 
be plucked out of his own vineyard again. In 
all which, as I hope not to be mistaken, as de- 
signing any more than is expressed, it being tlie 
first-fruits of my self-conviction ; so it is 
earnestly desired, that this my sober testimony 
may be insert and registrate in your books of 
presbytery ; and I shall remain yours, to serve 
you in the Lord Jesus Christ, 

John Menzies. 
* Letter from a meeting of ministers, 1670. 
What grievous things do afflict the church of 
Christ this day in these nations, and among 
ourselves cannot be unknown, to such, at least, 
who have made it their choice rather to suffer 
affliction with the people of God, than to enjoy 
the pleasures of sin for a season ; and who, but 
strangers in our Israel, can choose but to be 
affected with, and lament these things that have 
come to pass in these days? The holy and 
beautiful house of the Lord, where both we aiul 
our fathers have served him, and all our pleasant 
thiiigs made waste, the walls of Jei'usalem 
broken down, and the gates thereof (as if burned 
with fire), Zion plowed like a field, Jerusalem 
become heaps, and the mountain of the house of 
the Lord as the high places of the forest, the 
rod of wickedness lying upon the lot of the 
j'ighteous, and not a few in hazard to put forth 
their hand to iniquity, our pastors removed into 
corners, and strangers in the habitation of the 
Lord, plants sure not of the heavenly Father's 
planting, idle shepherds, feeding themselves and 
not the flock, who have eaten up the good pas- 
tures, treading down and defiling the residue 
with their feet, thrusting with side and shoidder 
the tender and faithful of the flock, so as now 
by many the sacrifices of the Lord are abliorred ; 



LBOOK 11. 

iug- and upstirring-, and many were 

' put by it to set apart days for 

fasting and wrestling. The procedure of 

the parliament this year, is what I come 

now to give some account of. 

Of the laws and acts of the second session 
of parliament, Julij and August 1G70, in 
us far as they concern preshyterians. 

This short session of parliament began 

are not the laws transirressed botli divine and 
liiiman, which formerly were in vigour in fa- 
vours of the church and spouse of Christ, his 
ordinances changed, the covenant broken and 
made void, of which sometime it was said, 
" C<;me, and let us join ourselves to the Lord in 
a I'erpetual covenant, never to be forgotten?" 
What restraints have been put upon all, and are 
still continued, yea, increased upon the most 
part of the godly outed ministry of the nation, 
so as they have not only for a long time been 
thrust from their particular flocks, but now are 
made obnoxious to the greatest severities, if they 
shall but dispense the word in private families, 
or any where else, where the Lord in his provi- 
dence, by the hunger and necessity of his people, 
may call them to it? What impositions are put 
upon the consciences both of ministers and 
people, by extraordinary and arbitrary oaths, 
subscriptions, and otherwise as well in the 
matter of hearing as preaching? A true and 
faithful ministry, suffering (we are bold to say) 
for the testimony of Jesus Christ, inhibit, under 
most severe punishment, to be heard so much as 
praying, and a company of profane intruders 
commanded to be countenanced in all their ad- 
ministJ-ations, who have sufficiently verified it 
in themselves, that the great Shepherd of the 
flock never sent them ; and yet they ran, and 
have so far by their way made it more than 
palpable, that they shall not profit his people at 
all. O how hath the Lord scattered us in the 
day of his anger! How many of his dear servants 
and people made wanderers, chased from moun- 
tain to hill, not having where to lay their head, 
no peace now to him that goes out, nor to him 
that comes in, but rather great vexations upon 
all who have any sense either of the sins or 
judgments of these times? And what shall be 
thought of the case of the poor starved multitude, 
who are as sheep without their shepherd, yea, 
of the whole posterity, while there are so many 
pregnant presumptions of the Lord's leaving the 
nations, removing of our candlestick, and of the 
quenching of the light of our Israel? Have not 
all ranks corrupted their way? many poor, and 
foolish, and have not (though in the clearest 
sunshine of the gospel) known the way of the 
Lord, nor the judgment of their God ; and if we 
take us to the great and mighty of the nations, 
have not these altogether broken the yoke, and 
burst the bands? What encroachments have 
been made upon the crown and kingdom of our 
Lord and rJaster, Jesus Christ, the alone King 

July 28th, and continued about a month. 
The design of it, if we may judge by its 
actings, ^vas to promote the projected union 
with England, and to rivet prelacy. The 
first was as much despised in England, as 
the last was hated in Scotland. Our parlia- 
ment begin with an act empowering the king 
to name commissioners to treat with Eng- 
land, in order to an union betwixt the king- 
doms ; and then they fall very foul upon the 
presbyterians, both as a set of people who 
still set up upon the foot of liberty, and 
against absolute and illimited power, and to 

of, and Lawgiver to his church, as if he were 
not so faithful over his own house, as to have 
appointed and left upon record in his own word, 
the clear warrant and particular rules of the 
spiritual jurisdiction and discipline therein, dis- 
tinct from, and independent upon the powers 
and civil governments of this world ? And are 
not all the inhabitants of the lands guilty of in- 
gratitude and un thankfulness, and slighting of 
that inestimable benefit of the glorious gospel of 
the Son of God? for ivhich sin it was the im- 
precation of a faithful witness and martyr of 
Christ in this nation, that dreadful should our 
plagues be. And were there no more, who can 
sufficiently lament the introducing of that ab- 
jured prelacy once and again among us, the 
doleful breed and product whereof hath ever 
been, and this day is the growth of popery, 
abounding of profanity and atheism, besides all 
other miseries we are under? May not all this 
be a sufficient evidence of the just displeasure of 
the Lord, gone forth against us in no small 
measure, and give just grounds of fear of its 
continuance, till there be no remedy? And 
hence we may say, who is the wise man that 
may understand this, and who is he to whom 
the mouth of the Lord hath spoken, that he may 
declare it for what the land perisheth? Is it 
not because we have forsaken his law, which he 
hath set before us, and have not obeyed his voice, 
nor walked therein, but have walked after the 
imagination of our own hearts ? For these 
things may not our hearts be faint, and our 
eyes be dim? But, which puts on the capstone 
upon all the sin and judgment we are under, is 
it not evident that the Lord hath sent his pltigues 
upon our hearts ? Being made desolate, do we 
yet lay it to heart ? Being made desolate, do 
we yet mourn unto him? Are we as doves in 
the valleys, every one mourning for his iniquity? 
Is there a turning to the Lord with all the 
heart, yea, with fasting in our mourning, and 
with weeping? Are the priests, the ministers 
of the Lord, weeping between the porch and tlie 
altar, saying, " Spare thy people, O Lord?' 
Were it thus, then the Lord should be jealous 
for this land, and pity his people ; but, alas ! 
instead of all this, what impenitency ! i^vf so 
much as reflecting and saying, What have I 
done? How little kindliness or tender melting 
of heart, cither as to sad things threatened, or 
presently lying on, and yet even this little be- 
wailed or lamented? How little kindly sym- 
pathy with these who bear the burden and heat 

CHAP, v.] 



make their enemies the prelates the more 
hearty in the matter of the union, as had 
been remarked. Thus their second act, 
Aujjfust 3d. relates to those " who refuse to 

of the day? Some more ready to censure the 
afflictions of others, even for tlie srospel's sake, 
nor t() jcirtake tliemselves with them tlierein. 
What remissness (may it not he feared) will he 
found in secret duties? And how few consider 
one another, to jjrovoke to love and to good 
works, not forsaking the asscuihling of ourselves 
together, as the manner of too many is, but ex- 
horting one another so much the more, as ^ve 
see the day approaching; and when at some 
times a watch hath been set up, and time set apart 
for serious wrestling with God, and vows and 
resolutions renewed, and, it may be, some begun 
reformation and amendment of many things ; 
yet how inconstant have we been in all these, 
much of our diligence falling and rising with 
the sharpness and bluntness of our trials? And 
when in the furnace we are scummed as dross, 
and in the fire our scum goeth not from us, 
what may we think shall God do to us, but even 
gather, blow upon, and consume us by the 
poiu'ing out of his Spirit? Where also is tliat 
uniform zeal for the cause of God, the purity 
and peace of godliness ? Where is that Chris- 
tian and tender sympathy for our suffering 
brethren, the Lord's witnesses, to which we are 
solemnly tied, and which hath been so often 
both the profession and practice of this church 
from our first reformation from popery, to this 
day, that what should be done to one, should be 
reckoned and accounted as done to all, in this 
common cause of religion, all this being no other 
than the due expression of that native fellow- 
feeling, which ought to be among the members 
of CJn-ist's body; yet are not now everyone left 
to do for themselves ? Some crouching under the 
burden, others sinking as much as ever under 
the cares of a present life, and of their temporal 
being, some, it may be, secretly blessing them- 
selves in their freedom from the afflicting things 
of the time, when others are tossed twixt wind 
and wave : this cannot be the blessedness we 
were ^vont to speak of, when we could sooner 
have plucked out our eyes for Christ and his 
gospel, and a pure ministry and lively ordi- 
nances, than thus before our eyes (if we would 
believe it) to see all these sacrificed to the lust 
of men, and given up and betrayed to prevailing 
wickedness and irreligion, and to a mystery of 
iniquity, which is now so evidently working. 
Alas ! shall not this imminent utter confusion 
and desolation awake the Lord's poor church 
and people of these nations? O that the Lord 
would pour out his spirit upon all his servants 
and people, even upon so many of all ranks 
within the land, who have altogether fallen from 
their stedfastness, that Avith more open eyes 
they might discern both the danger this poor 
church is in, and the remedies thereof. Now, 
dearly beloved in our Lord Jesus, some few of 
his ministers and companions with you in the 
common tribulation, and in the patience and 
sufferings of Jesus Christ, have found it a small 
part of that duty that we owe unto yon, to put 
you in mind of these things we have been hint- 
ing at, though you know them, and to stir you 
np by way of remembrance, and that not only 

depone against delinquents;" and 
being- afterwards tlie foundation of 
no small trouble to the sutFerers, I have in- 
sert it at the foot of the page.* By delin- 

to provoke you and ourselves both to a deep 
sense of these transgressions and sins, whereby 
we have provoked the Lord thus sadly to 
threaten us with a bill of divorce, to be no more 
a spouse to him, but also to establish you, and 
to comfort you concerning your faith, that no 
man should be moved by these afflictions which 
have either happened to you or us, ye yourselves 
knowing that we are appointed thereunto, being 
even in this set for the defence of the gospel: 
but the intent of oui' letter to you at this time, 
is to stir you up to that great mean and duty 
(all that seems now to be left unto us) of serious 
prayer, supplications and wrestlings with our 
displeased Lord, both alone and together, as the 
Lord shall give opportunity. And because we 
are not willing to advise any change of or addi- 
tion to these times, so many of the Lord's people 
have been in use to set apart for that effect 
hitherto ; therefore, we shall only beseech you 
in the bowels of Christ, to receive that exercise 
upon all occasions, but now especially upon the 
days formerly observed, and to hold more closely 
and vigorously thereunto, fervent in spirit, 
serving the Lord. Need we to recommend such 
an exercise unto you, which Christ himself hath 
so recommended, "that we ought always to pray, 
and not to faint," Luke xviii. 2. so much prac- 
tised by the saints, especially in particular exi- 
gencies. Acts xii. 5, " Prayer was made of the 
church w^ithout ceasing;" an exercise ever fol- 
lowed with a blessed success, when seriously 
gone about. Psal. xcix. 6. James v. 16, 17, 18. 
" Having a sweet reward in its bosom;" in the 
mean time, even the " peace of God, which 
passeth all understanding, keeping and guiding 
both heart and mind, through Jesus Christ," 
Phil. iv. 7. We forbear farther to trouble you, 
from our hearts commending you to the grace 
of him in whom we have believed. Farewell. 

* Act anent deponing, 1670. 
Forasmuch as it is the duty of all good sub- 
jects, to give their best concurrence and assist- 
ance, as they shall be thereunto required by 
public authority, for discovery and punishment 
of all crimes against the public laws, or which 
may tend to the breach or disturbance of the 
public peace of the kingdom; and that it is an 
high contempt of authority, and a signal evi- 
dence of disloyalty and inclination to rebellion, 
to refuse or shift the same when required there- 
unto : therefore, his majesty, with advice and 
consent of his estates in parliament, doth hereby 
statute and ordain, that all and every subject of 
this kingdom of what degree, sex, or quality 
soever, who hereafter shall be called by his 
majesty's privy council, or any others having 
authority from his majesty, to declare and de- 
pone upon oath, their knowledge of any crimes 
against the public laws and peace of the king- 
dom : and particularly, of any conventicles or 
other unlawful meetings, and of the several 
circumstances of the persons present, and things 
done therein, or of the resetting and intercom- 
muning with persons who are, or hereafter shall 
bo declared fugitives or rebels, are obliged in 



[BOOK 11. 

,„^.„ qiients they mean church-crimiuals, 
if I may call them so ; people who 
were alleged to be at conventicles, field- 
jnoetings, or guilty of nonconformity ; and 
all who ^vill not turn informers upon oath, 
against their neighbours and friends, ^^'ho 
heard presbyterian ministers, came under 
the compass of this act. The very narra- 
tive of the act involves the obeyers of it in 
the maintenance of all that at this time was 
comprehended under the public peace, and 
this was, by the executors of the law, if not 
the legislators, imderstood of peaceable sub- 
jection to bishops and their courses, and all 
the oppressions the country was laid under 
for theii' maintenance. The same nan-ative 
tells us further, " that the discovery and 
punisluneut of crimes tending to the breach 
of the public peace, is the duty of every 
good subject;" which is a certain tnith, had 
not the subjects been under most iniquitous 
and um-easonable laws. But in the present 
circumstances, the sense of this proposition 
is, that every good subject is bound down, 
not only to inform against his neighbour, 
his father or mother, for going to a iield- 
meeting or house-conventicle ; but likewise, 
to be a hangman to every one that shall be 
condemned for what was now made a ciime. 
And, according to this narrative, the refusers 
of this give signal evidence of their disloyal- 
ty, and inclination to rebellion. 

The statutory part of the act is pretty re- 
markable : persons of all qualities and sexes 
are obliged to depone, not only before the 
council, but before " any other having com- 
mission from his majesty;" which includes 
all the officers of the army, and such who 
were set up as inquisitors up and down the 
country. Yea, single sentinels themselves, 
either got or assumed this power, of taking 
oaths with respect to delinquents. How 
becoming a thing would it have been to see 

conscience, duty, and by the allegiance of sub- 
jects, to declare and depone their knowledge 
thereof, and of all the particulars relating there- 
unto. And if any shall happen to be so per- 
versely wicked and disloyal, to refuse or delay, 
to declare or depone, being thereunto required 
as said is ; his majesty, with advice and consent 
foresaid, appoints their punishment to be fining 
and close imprisonment, or banishment, by 
sending them to his majesty's plantations in the 
ludie.s, or elsewhere, as his majesty's council 

a person of quality, of the highest quality, 
standing before an ensign, lieutenant, or 
single sentinel, giving oath super inqui- 
rendis? It was odd to see a parliament 
going into such an um-easonable thing ; but 
we must cease from wondering at any thing 
out of the road of reason and decency, in 
this period. The special delinquencies, 
narrated with a " particularly " in the act, are 
not treason, murder, assassination, and other 
crimes of an extraordinary nature, neither 
were the cases such wherein some forms 
must sometimes be overlooked, in order to 
get the testes necessarii ; they are " conven- 
ticles and unlawful meetings." How far 
this last may extend, is more than I know. 
These were the atrocious crimes against 
this constitution, in which father must de- 
pone against the son, husband against the 
wife, brother against the sister, and that in 
all the circumstances relative to them ; not 
only personal presence at them, but reset- 
ting of such, and intercommuning with 
rebels. However near the ties of blood 
and friendship be, the parliament declare, 
that " in conscience" subjects are obliged to 
depone " against all such." And present 
close imprisonment, banishment, and depor- 
tation to the plantations, are the punish- 
ments appointed, not only upon a refusal, 
but even " a delay to depone" in this case. 
The council are required to look after the 
execution of tliis act. The last pronsion 
here is, " that no man's deposition against 
another, shall infer against himself the loss 
of life, or limb, or banishment." This clause 
does not appear to agree so well with their 
after-practice, of obliging people to declare 
and depone upon ensnaring questions relat- 
ing to themselves. 

The foiu-th act of this session needs not 
be insert : it is a new j^roof of their deep 
concern in the persons and houses of the 

shall think fit. Likeas, his majesty with advice 
foresaid, doth require his privy council to be 
careful in trial of the crimes above- written, and 
in the speedy and due execution of the pains 
foresaid, upon all such, without exception, as 
shall refuse or delay to declare or depone there- 
upon, as said is. It is always hereby provided, 
that no mail's declaration or deposition against 
any other person, shall infer against himself 
the pain of loss of life, or member, or banish- 




curates. It makes the assaulting the lives, 
the robbing- or attempting to rob the houses 
of ministers, to be death ; and a premium 
of five hundred merks is given to the discov- 
erers of such ; and slaughter in apprehend- 
ing them is indemnified. All security 
doubtlessly ought by the laws to be given 
unto the persons and families of ministers ; 
yet the reader will notice how frequent 
attempts Mere made, now and after this, 
upon the lives of presbytcriau ministers, and 
how many of their families were scattered, 
ludeed these public robberies and assaults 
were coloured over by the present law; but 
that \^ill never alter the nature of things. 
"We have already heard, that there was no 
great cause for making of this law ; and 
when the attempts upon incumbents came 
to be dipped into, they were generally found 
to be of no great importance. 

The parliament's fifth act, about field con- 
venticles, is so remarkable, that it deserves 
a room in this collection; the reader will 
find it below.* I have not met with any 

• ylct anent Jield-convenlicles, 1670. 

Forasmuch as the assembling and convocating 
of his majesty's subjects, without bis majesty's 
warrant and authority, is a most dangerous and 
unlawful practice, prohibit and discharged by 
several laws and acts of parliament, under high 
and great pains; and that notwithstanding 
thereof, diverse disaffected and seditious persons, 
under the specious, but false pretences of religion 
and religious exercises, presume to make, and 
be present at conventicles and unwarrantable 
meetings and conventions of the subjects, which 
arc the ordinary seminaries of separation and 
rebellion, tending to the prejudice of the public 
worship of God in the churches, to the scandal 
of the reformed religion, to the reproach of his 
majesty's authority and governmfht, and to the 
alienating of the hearts and affections of the 
subjects, from that duty and obedience they owe 
to his majesty, and the public laws of the king- 
dom. For the suppressing and preventing of 
wliich for the time to come, his majesty, with 
advice and consent of his estates of parliament, 
hath thought fit to statute and enact, likeas they 
do hereby statute and command, that no outed 
ministers who are not licensed by the council, 
and no other persons not authorized, or tolerate 
by the bishop of the diocese, presume to preach, 
expound scripture, or pray in any meeting, 
except in their own houses, and to those of their 
own family; and that none be present at any 
meeting, without the family to which they 
belong, where any not licensed, authorized, nor 
tolerate as said is, shall preach, expound scrip- 
ture, or pray : declaring hereby, all such who 
shall do in the contrary, to be guilty of keeping 
of conventicles ; and that he or they who shall 
so preach, expound, or pray, within any house, 


acts before it, in Scotland or any 
Christian kingdom, of this strain; ' 

and the bloody acts which follow, are very 
much bottomed upon this. By it a minis- 
ter, preaching to a house full of people, 
if some happen to be without doors, is 
condemned to die. Some remarks offer 
upon the act itself, thongh indeed it is 
so unprecedented and rigid, that it needs 
no commentary. Upon the matter, the 
preface and narrative of this act have been 
already considered. It is a jest to tell, that 
" house meetings," or meetings for preach- 
ing the gospel, are " assemblies and convo- 
cations of the lieges without his majesty's 
warrant." Every one knew, " the free 
liberty of preachiug and heai-ing the evan- 
gel," is again and again ratified by our laws; 
and if any thing since the (year) 1660, 
ranversed these good laws, which 1 see not, 
the " primitive Christians," as well as these 
under " anticliristian tyranny," made no 
difficulty to meet for worshipping God, 
without the protection of the civil magistrate. 

shall be seized upon and imprisoned, till they 
find caution, under the pain of five thousand 
merks, not to do the like thereafter, or else 
enact themselves to remove out of the kingdom, 
and never return without his majesty's license ; 
and that every person who shall be found to 
have been present at any such meetings, shall 
be tolies quoties, fined, according to their quali- 
ties, in the respective sums following, and 
imprisoned until they pay their fines, and fur- 
ther, during the council's pleasure, viz. each 
man or woman, having land in heritage, life- 
rent, or proper wadset, to be fined in a fourth 
part of his or her valued yearly rent; each 
tenant labouring land, in twenty-five pounds 
Scots ; each cottar, in twelve pounds Scots, and 
each serving man, in a fourth part of his yearly 
fee : and where merchants or tradesmen do not 
belong to, or reside within burghs royal, that 
each merchant or chief tradesman be fined as a 
tenant, and each inferior tradesman as a cottar: 
and if any of the persons above-mentioned shall 
have their wives, or any of their children living 
in family ■with them, present at any such meet- 
ing, they are therefore to be fined in the half ol 
the respective fines aforesaid, consideration be- 
ing had to their several qualities and conditions. 
And if the master or mistress of any family, 
where any such meetings shall be kept, be 
present within the house for the time, they are 
to be fined in the double of what is to be paid by 
them, for being present at a house conventicle. 
And it is hereby declared, that magistrates of 
burghs royal are liable, for every conventicle to 
be kept within their burghs, to such fines as his 
majesty's council shall think fit to impose; and 
that the master or mistress of the house where 
tlie conventicle shall ha]»pen to be kept, and the 





vea, ajj'ainst his decrees. The cha- 
IG70 •' ' = . 

racter which follows, of the persons 

who keep up aud frequent those meetings is 
very unjust and groundless. Disaffected to 
prelacy they still owned themselves to be, 
and the longer it continued, they saw the 
less reason to alter their opinion ; but they 
never owned or approved any thing in the 
least seditious. The promoving of real 
religion in themselves aud others, and their 
keeping their conscience undefiled from 
what they reckoned evil, was indeed before 
them ; and they made no " specious appear- 
ances," since, as far as possible, it was both 
their endeavour and interest to be as much 
hid in their meetings as might be, far less 
were they chargeable with " false pretences 
to religion :" yea, I will venture to afErm 
that much of the real exercise of rehgion 
now in Scotland, was among them, and such 

persons present thereat, are to relieve the magis- 
trates, as the council shall think fit to order the 
same ; it being notwithstanding free to the 
council to fine the inhabitants of burghs for 
being present at conventicles within or without 
burghs, or where their wives or children shall 
be present at the same. And further, his 
majesty understanding that divers disaffected 
persons have been so maliciously wicked and 
disloyal, as to convocate his majesty's subjects to 
open meetings in the fields, expressly contrary 
to many public laws made thereanent; and 
considering that these meetings are the rendez- 
vouses of rebellion, and tend in a high measure 
to thedisturb.inceof the public peace, doth there- 
fore, -with advice and consent foresaid, statute 
and declare, that whosoever, without license or 
authority foresaid, shall preach, expound scrip- 
ture, or pray, at any of those meetings in the 
field, or in any house where there be more 
persons than the house contains, so as some of 
them be without doors (which is hereby declared 
to be a field conventicle) or who shall convocate 
any number of people to these meetings, shall 
be punished with death, and confiscation of 
their goods. And it is hereby ottered and 
assured, that if any of his majesty's good subjects 
shall seize and secure the persons of any who 
shall either preach or pi'ay at these field-meet- 
ings, or convocate any persons thereto, they 
shall for every such person so seized and secured, 
have five hundred raerks paid unto them for 
their reward, out of his majesty's treasurj', by 
the commissioners thereof, who ai'e hereby 
authorized to pay the same ; and the said seizers 
and their assistants are hereby indemnified for 
any slaughter that shall be committed in the 
apprehending and securing of them. And as to 
all heritors and others aforesaid, who shall be 
present at any of these field-conventicles, it is 
hereby declared, they are to be fined, toties 
qiiohes, in the double of the respective fines 
appointed for house-conventicles ; but prejudice 
of any other punishment due to them by law as 

as favoured them, and entertained a warm 
love to them. That those meetings were 
" seminaries of separation" from the prelates, 
was owned ; every body knows it, and the 
government itself had allowed separation of 
this kind : but their being " seminaries of 
rebellion," must be proven before it be 
credited. It is nothing else but an old 
threadbare aspersion, cast Mdth equal justice 
upon the primitive Christian confessors by 
their persecutors. What foUows is singu- 
larly expressed, " tending to the prejudice 
of the public worship of God in the 
churches." Had it been expressed, " the 
prejudice of hearing the established clergy 
in the churches, it needed not be much 
controverted: but God's worship ought not 
to be confined to the churches, especially 
when thus filled. The Lord witnessed his 
acceptance of worshipping him in the fields 

seditious persons and disturbers of the peace 
and quiet of the kirk and kingdom. And see- 
ing the due execution of laws is the readiest 
means to procure obedience to the same ; there- 
fore, his majesty, with consent and advice fore- 
said, doth empower, warrant, and command all 
sheriffs, Stewarts of stewartries, lords of regali- 
ties, and their deputes, to call before them, and 
try all such persons ■who shall be informed 
to have kept, or been present at conventicles 
within their jurisdictions, and to inflict upon 
these who shall be found guilty, the respective 
fines exprest in this act ; they being always 
countable to the commissioners of his majesty's 
treasury, for the fines of all heritors within their 
bounds. And his majesty, for the encourage- 
ment of the said sherili's, Stewarts, and lords of 
regalities, to be careful and diligent in their 
duties therein, doth allow to themselves all the 
fines of any persons, within their jurisdictions, 
under the degree of heritors ; and requires the 
lords of his majesty's privy council to take 
exact trial of their care and diligence herein : 
and if the sheriffs, Stewarts, and bailiffs, be 
negligent in their duties, or if the magistrates 
within burghs shall be negligent in their utmost 
diligence, to detect and delate to the council all 
conventicles within their burghs, that the coun- 
cil inflict such censures and punishments upon 
them as they shall think fit. And the lords of 
his majesty's privy council are hereby required 
to be careful in the trial of all field and house- 
conventicles kept since the first day of October, 
one thousand six hundred and sixty-nine, and 
before the date hereof, and that they punish the 
same conform to the laws and acts of state for- 
merly made thereanent. And lastly, his ma- 
jesty being hopeful that his subjects will give 
such cheerful obedience to the laws, as there 
shall not be long use of this act, hath therefore, 
with advice foresaid, declared, that the endur- 
ance thereof shall only be for three years, unless 
his majesty shall think fit that it continue 

CHAP, v.] 



and liouses, very sensibly. That the pro- 
Iiibition of worshipping God in houses and 
the fields, especially in this bloody and anti- 
christiau manner, " was a scandal to the 
reformed religion," I do not question ; but 
that the practice of presbyterians, here pro- 
hibited, Mas not so, is evident from the 
practice of our own reformers, and that of 
ahnost all the reformed churches, in less 
straitening circimistances than Scotland was 
in at present. The advisers to this and the 
like severe laws, certainly " cast a reproach 
on the king's govermnent, and alienated the 
hearts of some of the best of his subjects 
from him," of which he was not altogether 
insensible, M'hen it was too late ; but 
nothing of disregard to the king's person or 
govermnent, could as yet be objected against 
the preachers at these meetings. 

I come forward to consider the statutory 
part of this act, which is double ; against 
house conventicles, and wh?it now was called 
field meetings. Even as to the fii'st the act 
runs very hard; but as to the second it is 
um-easonably severe. The hardships as to 
house conventicles, will appear in the per- 
sons discharged, and the penalties. It is 
then statute, that no "outed ministers," this 
one would almost expect, but it is added, 
" no others," shall preach, expound scrip- 
ture, or pray "any M'here but intheu' own 
family." This breaks in upon the rights of 
the ministers of Christ through all the 
refoiTtned churclies. A foreign minister, if 
he come to Scotland, must either turn epis- 
copal, or be persecuted for the exercise of 
his office. Here all ministers, save the 
substitutes of the bishops, and these allowed 
by the council, are discharged " to preach, 
pray, or expound scripture any where but 
in their own house, and to their owni 
family;" and why not to their own family 
upon the road, or in another house ? And 
what reason can be given Avhy they should 
not preach, &c. in another family, where 
providentially they happened to be, when it 
did not interfere with public worship in the 
churches ? It is yet more strange to find 
them discharged " to pray any where but in 
theii* own house, and to their own family." 
If it must be supposed that " preaching and 
opening the scriptures," mil alienate the 

hearts of subjects fi'om this govern- ,pr.r, 
ment; shall we think that praying 
in another family will do so likemse ? 
Must poor presbyterians, in a sinful time, 
and under a persecuted lot, be hindered 
to pray together to the Lord ? And if 
an outed minister comes to a family where 
he is desired, shall it be sedition in him 
to pray to God " out of his own house ?" 
This, I confess, is a " scandal to the re- 
formation," yea to Christianity itself, and 
a reproach on the king's government, if it 
be the import of the act, as I cannot see 
but it is. And to end this, as it relates to 
the persons, none must be present at such 
a meeting for " prayer, expounding, or 
preaching," under the following penalties. 
Which brings me to the other branch of 
hardships, " the penalties." Both preachers 
and hearers fall under the pains of sedition, 
and rebellion, I think, too, for a house con- 
venticle. The minister is to be seized upon, 
and imprisoned, till he find caution not to 
keep another conventicle, under the pain of 
five thousand merks; a round siun indeed, 
and much more than many of the outed 
ministers had left them. In short, they 
must either bind themselves to give up their 
ministerial conmiission, or vohmtarily banisli 
themselves out of the king's dominions ; 
and all this for " praying to God any where 
else but in their own liouses." The poor 
hearers and joiners, toties quoties, are fined; 
" an heritor in a fom-th part of his yearly 
valued rent, a tenant and labom-er of the 
ground in twenty-four pounds, a cottar in 
twelve pounds, a servant in the foiu-th part of 
their fee." And that none might escape, 
theii' wives and children are fined in the 
half of the former siuns "respective." The 
reader shall, within a little, know what pi'o- 
digious sums were decerned against many 
gentlemen, for an accimiulated number of 
times they were alleged to be guilty, in the 
terms of this act. And to secure all, " they are 
to be imprisoned till they pay the said fines;" 
yea, that they may be doubly punished for 
one fault, they are to be imprisoned further, 
" as long as the coimcil sees fit." This 
was a good clause to keep them from incur- 
ring new fines; but the penalties do not 
end here. Further, to discourage these so 



[BOOK ir. 

- ^„ much hated "house conventicles," 
' the master or mistress of the house 
is to be "fined double the former rates." 
Yet all this did not discourage good people ; 
l)ut such meetings increased, to the fretting 
and galling of the prelates. Lastly, to be a 
cover for magistrates' persecution in burghs, 
the magistracy are most . . reasonably made 
liable for such tines as the council shall 
inllict, for every house meeting within the 
burgh ; and they are to have their relief off 
the housekeepers and hearers ; and the 
council are empowered to fine the inhabitants, 
as they see good, to the boot. 

But the statutory part of the act, anent 
field conventicles, is yet more severe ; and 
the ministers and moeters at them have 
abundance of hard names bestowed upon 
them, " maliciously wicked, disloyal, tending 
in a high measure to the breach of the 
public peace." One vrould think, the fii-st 
two are as much in house as in field con- 
venticles. Field conventicles are described 
to be, not only what every one would guess 
them to be, " meetings in the open fields," 
but likewise " meetings in a house for 
prayer and preaching, where more meet 
than the house contains, and some are 
without doors." Now what a hardship was 
this, that a minister and a house-full of people 
.should only be punished as above ? but if 
two or three happen to be without doors 
the minister and convocator must die : what 
difference can any reasonable man suppose 
this to make, in the supposed crimes 
answerable to the vastly different punish- 
ments; especially when the minister either 
knew it not, or could not help it, or some idle 
and malicious persons, with a design to 
make the meeting death, did gather about 
the doors ? Well, the minister and convo- 
cator of such a meeting, " shall be punished 
with death and confiscation of goods." I 
hope the reader will observe the impudence 
and effrontery of the prelatic writers, who tell 
us, there were no severities exercised in the 
reigns of the two brothers, and term them 
" a time of the mildest government." Fur- 
ther, to gratify the persecuting temper of 
such who pushed these cruel acts, a reward 
of live hunth-ed merks is offered out of the 
treasury, to such a.s shall " inform against. 

seize and secm-e the ministers or convo- 
cators of such meetings :" and if any, in 
apprehending them, shall commit slaughter, 
they are indemnified. Here is a price of 
blood, and a reward of unrighteousness- 
And the reader will notice a temptation, 
and a kind of necessity here laid upon the 
people, by the prelates and their supporters, 
to bring arms mth them when they came to 
hear the gospel ; which afterwards was 
punished by death, and about which so 
much noise is made by the friends of the 
bishops, and the advocates for those times. 
First they attempt, and then accuse and 
punish. They constrain people to bring 
arms to defend their ministers, Avho ven- 
tui'ed their lives to preach the gospel of the 
kingdom to them, as they would not see 
them butchered, for their regard to their 
souls; and theu they declare this to be 
treason. As to the hearers at those field 
conventicles, real and legal, for every fault, 
toties qiioties^ the " former fines are doubled, 
hut prejudice of what other punishments 
the law lays them imder, as seditious per- 
sons, and distm-bers of the public peace." 
How oft must the same crime be punished? 
As this law in all its points is extraor- 
dinary, so the execution of it must be pro- 
portionably out of the common road. Not 
only all sheriffs, stewards, lords of regalities, 
but their deputes are empowered, yea com- 
manded, upon information, to call before 
them all persons within their respective 
jurisdictions, Avhom they suspect; and upon 
finding them guilty, to exact the above 
named fines. They are indeed made ac- 
countable to the council for the fines of 
heritors : but as a bribe, and the wages of 
um-ighteousness, all the fines of others ai'e 
given to themselves. It must be o^^aied 
this was a very effectual way to execute this 
severe act; and by the way it wiU be 
noticed, that this clause puts me, or any 
who give accounts of the exorbitant and 
terrible fines and exactions, for many years 
following, upon this act, perfectly out of 
case to give a calculation of them. No regis- 
ter M'as kept, no account Mas to be made, 
and aU was pocketed. By this time many of 
them have made a reckoning before the 
highest tribiuial, whither some of them have 

CHAP. V.| 



)jccn very suddenly called, from the very 
places -where they executed this iniquity 
established by a law. I could instance, but 
shall leave their names to be buried with 
them in th<'ir graves. And lest this bribe 
should not be effectual enough, the council 
are ordered carefully to inquire after, and 
overlook those inidor executors of this law, 
and punish their neglect, as they find cause. 
It is much this act is not made to look back, 
as M-as the fashion now of many of our laws. 
However, lest this omission should be 
improven to the advantage of presbyterians, 
the council are ordered to look back, and 
carefully to punish former faults, accord- 
ing to fonner laws. All is shut up with the 
parliament's hopes, that this act would do 
the business of presbyterians, either kill 
them, or convert them in three years' time, 
and so it is made only for that space. And 
the king is empowered, as a branch of his 
prerogative, to protract and lengthen it out 
as he pleaseth. I have taken a large view 
of the contents of this act, as containing a 
full docimient of the spii'it of prelates, the 
severity of this period, and the hardships 
presbyterians were under at this time, and 
shall very quickly despatch the rest. 

Their sixth act is " against disorderly bap- 
tisms," and I have annexed it in a note.* 
Its narrative I cannot well account for, iin- 

* Act anent baptisms, 1G70. 

Forasmuch as the disorderly carriage of some 
persons, in ^vithdrawing from the ordinances of 
the sacraments in their own parish churclies, 
and procuring their children to be baptized by 
persons not publicly authorized or allowed, is 
highly scandalous to theprotestant religion, and 
tends exceedingly to the increase of schism and 
profanity ; therefore the king's majesty, ^vith 
advice and consent of his estates in parliament, 
doth statute and ])roliibit all his majesty's sub- 
jects, that none of them, of whatsoever degree or 
quality, presume to offer their children to be 
baptized by any but such as are their own parish 
ministers, or else by such ministers as are author- 
ized by the present established government of 
the church, or licensed by his majesty's council, 
upon a certificate from the minister of the parish, 
if he be present, or in his absence, by one of the 
neighbouring ministers ; and declares, that the 
father of any child which shall be otherwise 
baptized, shall be liable to the pains and penal- 
ties following, viz. every heritor, life-renter, or 
proper wadsetter, , shall be lined in a fourth part 

less it be from some principles, which j ^^^ 
of late are turned so fashion- 
able among the prelatists, whereby all 
the reformed chiu"ches abroad, are un- 
churched. The act says " that baptisms 
by persons not publicly authorized, are 
scandalous to the protestaut religion." — 
How, at a time, when the whole of our 
Scots management Avas calculated for bring- 
ing in of popery, they, upon every turn, hook 
in "the protestaut religion," which they had 
so little at heart, I shall not determine : 
this I am persuaded of, that it is a scandal 
to the protestaut religion, to restrict bap- 
tism, or make its validity depend upon a 
person's being publicly authorized by the 
civil magistrate. The penalties upon bap- 
tisms by any not thus authorized, are the 
fourth part of the heritor's yearly valued 
rent, a hundred poimds to the better sort, 
and fifty pounds to the meaner kind of 
merchants, tredesmen and tenants, twenty 
pounds to cottars, and the half of their fee 
to servAxits, totiesguoties. And all the fines, 
except those of heritors, are given as above, 
to the under executors, to encourage them 
to diligence in persecution, when the bishop* 
curate, or any other informs. This act was 
a foundation for terrible exactions, and the 
contravening of it was more easily evinced 
than that of the former. 

of his valued yearly rent; every person above 
the degree of a tenant, having a personal, but no 
real estate, in one hundred pounds Scots; every 
considerable merchant in one hundred pounds ; 
every inferior merchant, or considerable trades- 
man, and every tenant labouring land, in fifty 
pounds ; every meaner burgess, tradesman, in- 
habitant within burgh, and every cottar, in 
twenty pounds Scots ; and every servant in half 
a year's fee. And his majesty, with advice fore- 
said, requires the sheriffs, Stewarts, lords of re- 
galities and their deputes and magistrates of 
burghs royal, within their several bounds and 
jurisdictions, to be careful to put this act in 
execution ; and that upon information from the 
bishop of the diocese, or any other, they call be- 
fore them, and judge the persons contraveners 
thereof, and uplift the penalties foresaid. Lil:e- 
as, his majesty, for the further encouragemen) 
of the said sheriffs, and others foresaid, to do 
their duty herein, doth allow them to retain for 
their own use, the fines of the several persons 
above-mentioned, except these of the heritors, 
for which they are to be countable to the com- 
missioners of his majesty's treasury. 





The seventh act I have likewise 
added, in a note.* It is against 
separation, and is hoth a great foundation of 

* Act anent separation, 1670. 
Forasmuch as it is the duty of all his majesty's 
good subjects, to acknowledge and comply with 
his majesty's government, as it is by the laws of 
the kingdom established in church and state, 
and in order thereunto to give their cheerful 
concurrence and countenance to such ministers, 
as by public authority are, or shall be admitted 
in their several parishes, and to attend all the 
public and ordinary meetings of divine worship 
in the same; and seeing the laws of the kingdom 
have declared a withdrawing, and not keeping 
of, and joining iu these meetings, to be seditious, 
and of dangerous example and consequence, his 
majesty conceives himself also bound in con- 
science and duty to interpose his authority, that 
the public exercises of God's worship be coun- 
tenanced by all his good subjects, and that such 
as upon any pretext do disorderly withdraw, be 
Iiy the censures of the law made sensible of their 
miscarriages, and by the authority of the law, 
<lrawn to a dutiful obedience to it : and there- 
fore, his majesty, with advice and consent of his 
estates in parliament, statutes, ordains, and com- 
mands all his good subjects of the reformed reli- 
gion within this kingdom, to attend and fre- 
quent the ordinary meetings appointed for divine 
worship, in their own parish churches, declaring 
hereby, that every such person who shall three 
Lord's days together, withdraw and absent them- 
selves from their own parish churches, without 
a reasonable excuse, to be allowed or disallowed 
by the judges and magistrates after-mentioned, 
shall, tolics qiiolies, be liable to the pains and 
penalties following, viz. every person having 
land in heritage, life-i-ent, or proper wadset, in 
the eighth part of his or her valued yearly rent ; 
every tenant in six pounds Scots; every cottar 
or servant in forty shillings Scots ; every person 
above the degree of a tenant, and who hath a 
personal, but no real estate, in twelve pounds 
Scots ; every considerable merchant, in twelve 
pounds Scots ; every inferior merchant, and con- 
siderable tradesman, in six pounds Scots ; every 
other meaner burgess, tradesman, and inhabitant 
within hurgh, in forty shillings Scots. And 
his majesty, with advice and consent foresaid, 
doth commit the execution of this act, and the 
raising the penalties above-mentioned, to the 
sheriiis, Stewarts, lords of i-egalities and their 
deputes, and to magistrates of burghs within 
their several respective jurisdictions, and doth 
hereby authorize and require them to be careful 
to see this act put in due execution ; and in 
order thereunto, that they examine upon oath 
such persons in every parish as they shall think 
fittest, for discovery of such as shall withdraw, 
and thereby incur the penalties above-mentioned. 
And lor their encouragement herein, his majes- 
ty, with advice foresaid, doth hereby allow to 
themselves the tines of all persons within their 
respective jurisdictions, below the degree of 
heritors, they being always countable for the 
fines of the heritors to the commissioners of his 
majesty's treasury. And in case any heritor, 
liferenter, or proper wadsetter, shall be so fro- 
ward and obstinate, as to withdraw from their 

the persecution of prcshyterians, and a real 
toleration to papists.f In reading the narra- 
tive of this law, it wiU appear the lawgivers 
take it for granted, that keeping of the meet- 
ings for worship, under the prelates and 
their ciu-ates, is a compliance " with his 
majesty's govenunent, as now estahlished in 
the chtu-ch," that is, as I take it, with his 
royal supremacy, " and a cheerful concur- 
rence M'ith such ministers, as hy public 
authority, are or shaU be admitted :" and 
therefore it is the less to be wondered at, 
that presbyterians, ^vho could not in con- 
science comply with either the one or the 
other, under this view of the sense of the 

parish churches for the space of one year, not- 
withstanding of their being fined as aforesaid; 
it is ordained, that the sheriffs and other judges 
aforesaid, within their several jurisdictions, 
delate them to his majesty's privy council, who 
are hereby authorized to call the said persons 
before them, and to require them to subscribe 
the bond following. " 1 oblige mj'- 

self, that I shall not upon any pretext or colour 
whatsoever, rise in arms against the king's 
majesty, or any having his authority or com- 
mission, nor shall assist nor countenance any 
who shall rise in arms." And if any person so 
called and required, shall I'efuse or delay to 
subscribe the bond, that the lords of his majesty's 
privy council secure, or banish them, as they 
shall think fit. And it is hereby declared, that 
upon such refusal or delay to sign this bond, 
the single escheat and life-rent escheat of the 
refusers or delayers shall fall and appertain to 
his majesty, aiul is to be intromitted with, and 
disposed of for his majesty's use. Likeas, the 
lords of his majesty's privy council, are hereby 
required to call, from time to time, for an 
account from the sheriffs, and others foresaid, 
of their diligence in putting this act in execution; 
and if they be found negligent, that they inflict 
such censures and punishments on them, as 
they shall judge fit. And it is further declared, 
that this act is to endure only for the space of 
three years, unless his majesty shall think fit it 
continue longer. And it is further hereby pro- 
vided, that this act is to be without prejudice of 
the censures of the church, to be used against 
such who shall be absent from the public meet- 
ings for God's worship, conform to the former 
acts and practices of the church thereaneiit. 

f " The earl of Lauderdale with his own hand 
put in a word in the act that covered the papists, 
the fines being laid on such of the reformed 
religion as went not to church. He pretended 
by this to meet with the popish party, the duke 
of York in particular, whose religion w^as yet 
a secret to us in Scotland, though it was none at 
court. He said to myself, he had put in these 
words on design to let the party know they 
were to be worse used than the papists them- 
selves." — Burnet's History of his Own Times, 
vol. i. p. 430.— £r/. 

CHAP, v.] 



legislator, did withdraw. Their withdraw- 
ing- was before in law sedition ; but now the 
king is made " to reckon himselt" in con- 
science bound" to go some further lengths, 
and so commands aU his " subjects of the 
reformed religion" to attend public worship, 
under the penalties afternaraed. This ^Yas, 
and most reasonably, reckoned a relaxation 
of .all the former laws made against papists, 
and a material toleration to them. So they 
took it, and the executors of the law never 
touched them : but all protestants Avho 
withdraw from their parish church three 
Lord's days together, are to be fined tuf/es 
guoties. Heritors in the eighth part of their 
rent, tenants in six pounds Scots, cottars 
and servants in forty shillings, merchants 
and tradesmen as in the act ; and the 
sheriffs, &c. are bribed to execute this, as 
in the fifth act above. And besides, they 
are made judges of relevancy as to the 
excuse for absence, though they be parties, 
in all cases, save that of heritors, and would 
probably determine favourably for their own 
purse. They are further empowered to 
take what oaths they find needful for 
discovering the guilty in every parish ; which 
was a new handle of persecution, according 
to the second act just now noticed. 

A pretty singular clause is tacked to this 
law. If an heritor, liferenter or wadsetter 
continue a year absent from his parish 
church, the sheriffs, &c. are to delate them 
to the council, who are to put the bond 
of nonresistance and passive obedience, 
annexed to the act to them ; and upon their 
refusal or delay to subscribe the bond, they 
are to secure or banish them; and their 
"single and liferent escheat falls imme- 
diately to the king, and is to be inter- 
meddled with for his use. This both 
quickened the under-executors of the law to 
their work of fining, lest the council should 
take it out of their hand, and proved, in a 
few years, ruining to the estates and families 
of not a iev,: It cannot escape the reader's 
remark, that the loss of single and liferent 
escheat, imprisonment, and banishment, is 
here the punishment annexed to simple 
withdrawing from parish churches ; beside 
the fines the under-exactors may have 
iiplifted before. This is plain oppression. 

merely for conscience' sake. The 
council are likewise to look after 
the execution of this act, and censure 
inferior judges for their negligence : and it 
is to endure three years, and as long further 
as the king, i. e. the prelates, pleaseth, and 
to be without prejudice of ecclesiastical 
censures. In this parliament then we see 
a very broad foundation laid for heavy and 
rigorous persecution of presbyterians, in 
their goods, liberty, and life. The council 
and under-judges were not negligent in the 
execution of those acts, during the eight 
follo\\'ing years, Avhich, together Mith the 
sending into the west country a barbarous 
Highland host, to exasperate people's spi- 
rits, all which issued in a second and fruit- 
less appearance at Both well, was justly 
chargeable upon these unaccountable laws, 
and their severe execution. But we shall 
first meet with the cunning of the fox, going 
before the paw of the lion; and that brings 
me to 

Of the accommodation proposed with pres- 
byterians, and other methods taken this 
year, by bishop Leighton. 

Having considered the rigid measures taken 
this year with prebyterians, I come to give 
account of some attempts of another nature 
made upon them, in order to shalie them off 
their principles, and to divide them among 
themselves. Mr Robert Leighton, bishop 
of Dunblane, upon archbishop Burnet's 
demission, was made commendator, or admi- 
nistrator of the archbishopric of Glasgow ; 
and this altered matters a little with relation 
to presbyterian ministei-s who lived in that 
diocese. This man set up upon another 
lay, than the rest of the bishops. Some- 
what hath been said of his character in the 
first book : I shall only now add, that he 
was son to Dr Leighton;* who for his 
" Zion's Plea against Prelacy," had his ears 
cropt in England. The son, from zealous 
violent covenanter at Newbottle, by desert- 

See note, vol. i. p. 237. 



[BOOK 11, 


ing his charge there, g-ot in to 

be principal of Edinburgh, where 
he led a very monkish life : and after the 
restoration, turned so courtly, as to em- 
brace the meanest of the bishoprics : and 
now, having- the see of Glasgow in cotu- 
mendam, he affected to show himself first 
pui'e, and then peaceable ; and appoints 
a puj'ging committee for his clergy, and 
then endeavours to retrieve their credit, 
by bringing some of the most eminent 
preachers of the prelatical set to the Avest. 
Towards the end of the year, his proposal 
for an accommodation was made. A taste of 
each of these perhaps the reader may desire, 
and though they do not so directly relate 
to the sufferings, I shall hint a little at 
them, since we have not the ecclesiastic 
history of this time. 

When the bishop entered upon the ad- 
ministration, he finds the country full of 
complaints of the scandals of his clergy; 
and, I suppose at his first synod, he appoints 
a committee of his underlings to receive 
complaints, reg^ilate the affairs of ministers, 
convene before them the scandalous and 
unworthy, make trial of A\'hat «as laid to 
their charge, and to determine according as 
they found cause. As far as I can learn, 
this committee was not restricted to the 
members of the diocese of Glasgow ; but 
Mr Charters, Mr Naiin, ]Mr Aird, and 
some others, whom we shall find just uo^\' 
were brought west upon another eirand, 
were joined to them : and the council being 
acquainted with the design, interpose their 
authority in the matter, by their act, August 
25th. " The council being informed, that 
the synod of Glasgow have appointed a 
committee of their number, to hear and 
take trial of such complaints as shall be 
given in to them against scandalous minis- 
ters ; and it being expedient that they have 
all encouragement in what is committed to 
them, do appoint Sir John Cochran of 
Ochiltree, Sir Thomas Wallace, Sir John 
Cuningham, Sir John Harper, the provosts 
of Glasgow and Ayr, to meet Mith them, 
and countenance and assist them, and be 
careful that their orders and citations be 
obeyed." Public intimation was made 
throughout the diocese of Glasgow, that 

liberty was granted to all, to table their 
complaints against their ministers, before 
the bishop and the assistants he had as- 
sumed. Whatever zeal seemed to discover 
itself in this new step the bishop was pleased 
to take, yet no great advantage to the 
interests of pure religion was expected by 
persons who considered how matters stood. 
Every body knew, that while the bishop 
was at Dunblane, he had as scandalous and 
ignorant a clergy as in Scotland, and yet 
there, he never offered to turn one of them 

When this committee met in September, 
they endeavoured to make as narrow a door 
as might be for complaints and delations ; 
and in the entry, to put an effectual bar in 
the way of accusations, it was urged, that 
none should be permitted to table a com- 
plaint against a minister, unless he first took 
and signed the declaration ; but finding from 
some lawyers with them, that they had no 
warrant to require the declaration, this pro- 
posal was unwillingly laid aside. I find it 
remarked by some, that to discourage com- 
plaincrs, they ordered that such as did 
succumb in the probation of their libel, 
should appear in sackcloth before the con- 
gregation, as slanderers of their minister ; 
and accordingly, that one, in the entry upon 
his fiiilure in full probation, was thus cen- 
sured, ad terrorem. But for my avm share, 
I think nobody should be suffered to be- 
spatter the reputation of others, without 
proof. Whether the committee drove this 
matter too far I cannot tell. By those 
things a good many parishes w ere hindered 
from appearing against their curates, expect- 
ing but little justice from the bishop and his 
assistants : and where it could be got done, 
not a few chose rather to agree with them 
for a little money, voluntarily to remove. 
This severals did accept of, and some u ent 
to Ireland, some to the north and east 
country, whence they came. However, in 
some places the probation was so clear, 
there was no getting by it. The incumbent 
at Killallan, in the presbytery of Paisley, 
was deposed simpliciter. His nearest neigh- 
bour in Kilmalcom, of whom before, with 
some three or four others, were only trans- 
ported, and removed elsewhere, although 

CHAP, v.] 


several acts of drunk euiiess were directly 
proven against them. 

The evident partiality of the committee, 
in the case of the foreraentioned JafFrey of 
Mayhole, made the greatest noise. We 
have heard, that lately he libelled his pa- 
rishioners for an attempt upon his life ; now 
they take their turn, and libel and prove 
before this committee the crimes of profane 
swearing, striking, fighting, and plain drunk- 
enness : yet the committee were in a fair 
way to absolve him, and censure his ac- 
cusers ; and would have done so by plurality 
of voices, had not the bishop, ashamed of 
tliis, interposed, and in the plenitude of 
his episcopal power, forbid him the exercise 
of his ministry in that parish. Thus the 
committee were either partial, or the bishop 
unjust in his censure, which was indeed 
generally looked on as soft, and very dis- 
proportioned to his crimes, and both were 
blamed. However, the people got rid of 
this troublesome guest. This is all the 
account I have of this purging committee, 
which made so much noise, and did so little 
to the purpose. 

About the same time, the bishop took 
another method to prevent any fiu-ther 
indulgence to presbyterian ministers, and, if 
possible, to retrieve the credit of the clergy, 
and to cast a cloud upon the indulged 
presbyterian ministers. The council are pre- 
vailed with to hire and send west, some of 
the episcopal clergy, ^^'hose fame, learning, 
and preaching gifts, might most recommend 
them to the people in the west country. I 
find nothing of this in the registers ; but I 
am well informed, they had all of them 
letters from the council to go west, and a 
share of the vacant stipends promised them, 
or a gratuity from the treasury. Those 
were by the country people termed ironically, 
" the bishop's evangelists." As far as I 
can recover them, their names were, Mr 
James Nairn, a person of very considerable 
learning and gifts, but inclinable to the 
Pelagian tenets, as was then thought ; Mr 
Gilbert Biu-net, well known to the world 
since, first professor of divinity at Glasgow, 
and after that persecuted for his appearing 
against popery, and for the cause of liberty ; 
and since the revolution, the learned and 



moderate bishop of Sarum, one 
of the great eyesores of the ^^^^' 
highfliers and Tories in England, and a 
very great ornament to his native coun- 
try; Mr Laurence Charters, a man of 
great worth and gravity, but not alto- 
gether so fit for a mission of this nature, 
by reason of his unpopular utterance ; Mr 
James Aird, commonly called " bishop 
Leighton's ape;" Mr Patrick Cook, and 
Mr Walter Paterson. These persons, at 
least some of them, were of such reputation 
and credit with tlieir admirers, that it was 
reckoned all the west would be proselyted 
by them, or at least very much exposed, if 
they fell not in with them; but they them- 
selves found matters otherwise when they 
came.* Few proselytes were made, and in 
many places where they came, they could 
not have a congregation. Two or three 
hundred were the utmost, and these mostly 
of the younger sort, who came out of curi- 
osity, and after a day or two left them; so 
that very soon they wearied of their fruitless 
undertaking, and the gravest of them frankly 
owned, that the west country could not be 
edified so well as by their own ministers. 
The indulged had not the least hurt by this 
experiment. Beside the stipend of parishes 
where they preached till they wearied, I am 
told, the council bestowed liberal rewards 
upon them. 

The last effort bishop Leighton made, 
was, toward the close of this year, by the 
accommodation proposed to some of the 
presbyterian ministers. The design of this 
was nothing else but to hook in the presby- 
terian ministers to an unperceived subjection 
to bishops : the snare was seen, and pru- 
dently and cautiously evited. The case of 

* Burnet, speaking of this affair, says, " The 
people of the country came generally to hear us, 
though not in great crowds. We were indeed 
amazed to see a poor commonalty so capable to 
argue upon points of government, and on the 
bounds to be set to the power of princes in 
matters of religion. Upon all these topics they 
had texts of scripture at hand ; and were ready 
with their answers to any thing that was said 
to them. This measure of knowledge was 
spread even among the meanest of them, their 
cottagers and their servants." — History of his 

Own Times, vol. i. p. 431 When or where did 

ever episcopacy produce such effects? — Ed. 




, this accommodation is already pub- 

lished, and in the hands of many ; 
so I shall only give a short narrative of this 
business. Much of it was transacted this 
year, and the last part of it in the beginning- 
of tlie next. All shall be put together in 
this place. 

The king's commissioner, Lauderdale, at 
bishop Leighton's desire, wrote letters to 
Mr George Hutchison indulged at Irvine, 
INIr Alexander Wedderburn at Kilmarnock, 
Messrs Matthew Ramsay and John Baird 
at Paisley, Mr John Gombil at Symington, 
desiring them to come into Edinburgh, 
August 9th, this year, upon matters of con- 
siderable importance he had to communicate 
to them. They all came at the day, and 
waited upon the commissioner at Holyrood- 
house, where they found some of the coiui- 
sellors, bishop Leighton, and Mr Bmniet, 
about this time made professor of divinity at 
(xlasgow. Lauderdale opened the meeting, 
with acquainting the ministers, that he had 
not heard of any miscarriage in any of them ; 
but he had sent for them to advise with 
them concerning an accommodation, and to 
propose an agreement upon joint measures, 
M'hich might tend to the peace of the church ; 
and enlarged upon the king's great conde- 
scension to them, and his wishes for a 
complete unity and harmony. Bishop Leigh- 
ton seconded the commissioner in a long 
harangue, insisting much upon his majesty's 
clemency and benignity, mixing in some 
bitter remarks upon some alleged evils in the 
presbyterian constitution, he had observed 
when among them. The ministers made no 
reply to him, this being not so proper a 
place ; but, on the morrow in his chamber, 
they answered his reflections at full length. 
Lauderdale pressed that they might give 
their sentiments of the proposal of an ac- 
commodation betwixt the dissenting parties 
about church government in the west. They 
signified that the proposal did concern the 
^^'hole body of presbyterians, indidged and 
not indulged, and declined to give their 
private judgment in a thing of general con- 
cern, till their brethren Mere consulted. 
They likewise desired the proposal might 
be given them in writ ; which the bishop 
promised, but did not ])prform. 

The result of this conference was, the com - 
missioner allowed presbyterian ministers, 
indulged and not indulged, to meet among 
themselves,to consider the bishop's proposal ; 
and gave them until the first of November, 
to think upon an answer. When the bishop 
neglected to give them his project iuMriting, 
the ministers, among themselves, put the 
substance of it in this shape, to be communi- 
cated to their brethren. " Presbyteries being- 
set u}) by law, as they %vere established 
before the year 163S, and the bishop passing- 
from his negative voice, and we having 
liberty to protest and declare against any 
remainder of prelatic power retained, or that 
may happen at any time to be exercised by 
him, for a salvo for our consciences from 
liomologation thereof; Quceritiir, Whether 
we can, with safety to our consciences and 
principles, join in these presbyteries ? Or, 
Avhat else it is that we Mill desire or do for 
peace in the church, and an accommodation, 
episcopacy being always preserved '?" 

Accordingly, the ministers in the south 
and west had a very frequent [full] meeting; 
and, after full and free conversation, and 
matiu-e pondering over every thing which 
offered in favoiu* of an accommodation, they 
all agreed that the above concessions were 
not sufficient to be a foundation of their 
sitting and acting in presbyteries and synods 
with the prelates. I have seen several papers 
which at this time passed among the ministers 
on this subject : and the v riter of " the case 
of the accommodation " hatli, at great length, 
given the arguments against tlie proposed 
accommodation. The substance of the 
reasons offered against it, at the meeting of 
ministers, as far as I can reach them, was in 
short, That although presbyterian ministers 
did sit and act with bishops before the (year) 
1G3S, yet then presbyterian government was 
in possessorio, by standing acts of parliament 
not rescinded ; and the prelates were merely 
obtruded upon presbyteries and synods: 
whereas now, episcopacy is established, and 
presbyteries are by law discharged. By the 
act of parliament 1592, presbyteries were 
o\\ ned to be coiu-ts of Clu-ist ; the intrinsic 
power and spiritual jiu-isdiction of the chm-ch 
and its judicatories, sessions, presbyteries, 
synods, and general assemblies, was then 

CHAr. V. 



ratified : but now that act is rescinded, tlie 
government and policy of the church is 
declared to depend upon, and to be ordered 
by tlie " royal supremacy," as an inherent 
prerogative of the crown. By virtue of this, 
bishops are allowed to assume whom they 
please in presbyteries and synods, as mere 
assistants; and these meetings now entirely 
depend upon the king's supremacy, and the 
prelates as his substitutes. It Avas added, 
that the old presbyterians made a diticrence 
betwixt sitting- in presl)yteries with a bishop, 
or his " constant moderator," and sitting 
A> ith him in his " diocesan synod." After 
the pretended assembly at Glasgow was 
ratified, 1612, and the bishops were invested 
M'ith the sole power of ordination and juris- 
diction, the presbyterian ministers, generally 
speaking, left the bishops' meetings; and, as 
soon as Providence opened a door, they did 
their utmost to be rid of the prelates, and 
brought about that notable reformation 1 638, 
of which a joining with the bishops, as now 
proposed, would be a plain giving up. 

Further, as to the bishop's negative voice, 
the present ])roposal did not appear to them 
clear and distinct. The bishop had lately 
used it in JafFrey's case ; there was no law 
to restrain it ; though the present commen- 
dator yielded it, his successor might claim it. 
Besides, the bishop faltered a little, as to 
this part of his own proposal, in conversation 
i\ ith the ministers. When they asked him 
what he Avould do, upon the supposition he 
and the presbytery could not agree upon a 
point in debate; he answered, he would 
enter his dissent against them. And when 
urged, whether his dissent M'ould be any 
more than that of another member, he 
declined speaking of this, and said, the 
estates behoved to determine that. So his 
(Ussent upon the matter, seemed still to be 
a negative, at least upon the execution of the 
presbytery's sentence. They reckoned a 
])rotestation against the episcopal constitu- 
tion, while they sat and acted with a bishop, 
would be protestatio contraria facto, and so 
no salve to their conscience. A considerable 
difference appeared to them betwixt joining 
in public worship with a bishop, or such as 
MCYG ordained by him, and sitting in coiu"ts 
with them ; since the first did not, in all 

cases, necessiu'ily infer any appro- ,„r,, 
bation of the corruptions of the 
minister, or mouth of the worshipping 
society : but they could not see how to 
join in discipline, without approving of the 
episcopal power, whereby the acts of disci- 
pUne were exercised. In short, though this 
proposal should have taken in the bounds of 
the synod of Glasgow, yet the rest of the 
prelates Avere utterly averse from it. In fine, 
the ministers reckoned this accommodation 
inconsistent with their principles. The 
presbyteries they were to meet in, were 
founded only upon the bishop's commission, 
which he might enlarge or straiten as he 
pleased : they were denuded of the power 
of jurisdiction and ordination, Avliich the 
bishop reserved in his own hand: they 
wanted ruling elders, officers, in their opin- 
ion of Christ's institution. In a word, the 
bishop, in the presbytery, was still clothed 
with an episcopal power, though he should, 
for a while, lay aside the exercise of it ; and 
they reckoned their sitting with him homo- 
logated episcopacy. 

Upon all these accoimts, and many others 
too long to be narrated, the ministers most 
harmoniously refused the accommodation ; 
and sxich of them as before had been called 
into Edinburgh, went back at the appointed 
time. When they came, the noblemen, and 
the earl of Tweeddale in particular, AA'ho had 
been very forward in this matter, Avere gone 
to London ; so the ministers resolve to Avait 
then- return, and then give their ansAver, if 
required. MeauAvhile bishop Leighton as- 
saults some of them, by letters of the date 
November l-2th and 19th, desiring a con- 
ference Avith the indulged and nonindulged, 
and offering to explain his proposal, and add 
more concessions. He likewise pressed the 
ministers to name time and place. Yet, it 
was knoAvn, that at the same time, he was 
spreading letters to some of his friends, 
inveighing against the presbyterians, for not 
accei)ting of his proposal, though their 
ansAver Avas not yet made public. Such Avho 
received letters from the bishop, advised 
Avith their brethren, AA'ho all dissuaded them 
from answering in writ ; but Messrs Hutchi- 
son and Wedderbiu-n Avent into him, and 
expostulated with him for his letters to his 





friends just now mentioned. The 
bishop extenuated the matter, and 
alleo'ed what he had written, was some 
considerable time since. They gave him to 
know, they did not decline a conference, 
providing it was legally allowed by the 
raao-istrate ; but would not name time and 
place. At length, when he let them see my 
lord Tweeddale's letter to him anent this, 
for their part they agreed to the meeting, 
which the bishop appointed at Paisley, 
December lith. 

That day bishop Leighton, the provost of 
Glasgow, Sir John Harper of Cambusne- 
than, Mr Gilbert Burnet, Mr James Ram- 
say, dean of Glasgow, came to Paisley, and 
about twenty-six presbyterian ministers, 
indulged and not indulged, met with them 
there. The meeting was begun ^^-ith prayer, 
by Mr Matthew Ramsay, eldest minister of 
the town. The bishop opened their con- 
versation with an eloquent and elaborate 
discourse, of near an hour's length. He 
harangued upon the peace of the church, 
evils of division, and his own condescension 
to his brethren, with commendations of epis- 
copacy, and plain enough invectives against 
presbytery. He added some persuasives to 
fall in with his proposal, and insinuated 
pretty open threats, if it were not gone into. 

Mr John Baii-d, as had been concerted by 
the rest, spoke next, and signified, that the 
bretliren had seriously considered the pro- 
posal made to them in August ; and could 
not, without quitting their principles, and 
wronging their conscience, condescend to 
sit in judicatories with a bishop, under 
whatever name, who is not chosen by these 
meetings, nor liable to censure from them for 
malversation, and, so far as he could, retains 
his negative poAver, and continues a prelate ; 
with whom they reckoned themselves bound, 
by solemn engagements to God, not to com- 
ply. The bishop said, in his usual aflfected 
way, " Is there then no hope of peace ? are 
you for war V is all this in vain ?" 

Mr Ralph Rogers resumed some of the 
bishop's innuendos and reflections upon 
presbyterian government, and refuted them. 
He had alleged that for many hundi-eds of 
years, bishops had never been opposed in 
the Christian diurch, except by ^Erius. Mr 

Rogers assiu-ed him, he could disprove this, 
and asserted, that the patrons of episcopacy 
would never evince, that for some hundreds 
of years there was any bishop in the church, 
who was not chosen by the clergy, and every 
way accountable to them; or that there 
were any archbishops, with the power they 
now assume. He stated, with a great deal 
of plainness, the differences betwixt the pri- 
mitive and present bishops ; that these were 
stiU chosen by presbyters, and those im- 
posed upon them; these only presided, 
those do a great deal more; that in the 
primitive times there were more than one 
in a city, and so could not have that jui'isdic- 
tion they now claim. 

Ml- Bm-net replied, by denying the primi- 
tive bishops' mere precedency, and asserting, 
there were then archbishops really, though 
they had not the name; and that more 
bishops than one in a city was a fault ; and 
that Augustine regrets it.* 

Mr Wedderburn answered, that the pre- 
sent bishops were either accountable to 
the presbyteries, or uncontrollable; since, 
in most places, for a long time, there were no 
provincial synods : that Augustine complains 
of his entry into a place where another 
bishop was settled, only as the transgression 
of a canon of the council of Nice ; which 
supposeth, that before that council, the 
practice was ordinary. And whereas the 
bishop had alleged, it was impossible, from 
scripture or antiquity, to prove that mere 
presbyters had the power of the keys of dis- 
cipUne ; Mr Hutchison took notice, that it 
was plain, Christ gave the power of the keys 
of discipline and government, to these to 
whom he committed the keys of doctrine ; 
and observed, that it was undeniable that 
the key of doctrine was committed to pres- 

• Burnet, Plistory of his Own Times, vol. i. p. 
443, says, " I was "tlien full of liiose matters, so ' 
I answered all his speech, and every one of his 
quotations, and turned the whole upon him, with 
advantages, that were too evident to be so much 
as denied by their own party. And it seemed 
the person himself thought so; for he did not 
offer at one word of reply. " The bishop seems to j 
have forgotten that there are many reasons for j 
not replying to an opponent ; the weakness of his j 
arguments, sometimes being as cogent a one as j 
their strength. — Ed. 

CHAP, v.] 



byters. No reply was oiFered to this. The 
bishop rose up, and beg-g-ed they might not 
enter upon debates, which would be endless, 
and not iuiswer the design of their meeting. 
This Avas gone into, only, in the progress of 
their discourse, Mr Alexander Jamison 
reasoned so closely with the bishop, anent 
the prelates' power over presbyters, that the 
bishop turned a little uneasy. His nose 
fell a bleeding ; whether from this or not I 
shall not detemiine, but he was forced to 
retire a while. Several others inclined to 
have entered the lists Avith the bishop and 
professor, but were prevented by decla- 
I'ations, that the meeting Avas not for dis- 

Mr William Adair, and Mr James Na~ 
smith, apprehending that the liberty talien in 
their reasonings, might come to be made use 
of as a handle against the Avhole of presby- 
terian ministers, moved for a delay till to- 
morroAA', and desired the bishop's proposal 
in AA riting, to consider upon. The bishop 
said, he had no Avarrant to give any tiling in 
AATit ; yet, at Sir John Harper's desire, Mr 
Burnet set doAvn the sum of the bishop's 
condescensions, Avhich Avas read coram, and 
the bishop approved it, as containing his 
mind. I have annexed a copy at the foot of 
the page.* And the reader Avho desires to 
dip into this affair, will find them at length 
considered in the case of accommodation. 
On the morroAV, Avhen the ministers had 
considered this paper, they found it con- 
siderably different from the proposals made 

* Bishop Lcighto7i^s proposal at Paislej/, 

1. That if the dissenting brethren will come to 
presbyteries and synods, they shall not only not 
be obliged to renounce their oAvn private opinion 
anent church government, and swear or sub- 
scribe any thing thereto, but shall have liberty 
.it their entry to the said meeting, to declare and 
enter it in what form they please. 

2. That all church-affairs shall be managed, 
in ])resbyteries or synods, by the free vote of 
presbyters, or the major part of them. 

8. If any difference fall out in the diocesan 
synods, betwixt any of the members thereof, it 
shall be lawful to appeal to a provincial synod, 
or their committee. 

4. That entrants being lawfully presented by 
the patron, and duly tried by the presbytery, 
there shall be a day agreed on by the bishop anil 
presbytery, for their meeting together for their 
s(demn ordination and admission, at which there 
shall be one appointed to preach, and that it 
shall be at the parish church, where he is to be 
admitted, except in the case of impossibility, or 

at Edmbiu-gh : and thev craved , „^^ 
., , lG/0. 

some time to consider the matter 

further, Avliich Avas granted them ; and they 

Avere told, that against the 1 2th of January 

next, their mind Avould be exj)ected at Edin- 

biu-gh. Thus the meeting at Paisley ended. 

The ministers met at Kilmarnock in a 
fcAv days, and unanimously agreed, that the 
last propositions Avere more unsatisfactory 
than the former proposal : and, I am told, 
they drcAv up their mind in Avrit, and nomi- 
nated Mr George Hutchison, Mr Alexander 
Wedderburn, Mr Robert Miller, Mr William 
Maitland, and some others, to go in to 
Edinburgh, and deliver their ansAver in Avrit, 
if it Avas required ; and gave them liberty to 
add to it as they saAV necessary. I have not 
seen a copy of Avhat was agreed to at Kil- 
marnock, neither do 1 find that they in- 
clined that any thing should come from 
them in writ, unless commanded by the 
government, and pressed to it. I have be- 
fore me a copy of some proposals made 
about this time; but AA'hether before or 
after the meeting at Paisley, I knoA\' not. 
They nere not, as far as I knoAV, agreed to 
by any meeting of ministers, but draAVTi up 
by some private hand, as a counter proposal 
to bishop Leighton's. How far they Avould 
have satisfied all presbyteriau ministers in 
their present circumstances, pro tantOy I 
shall not say ; but I have insert them be- 
loAV,f as Avhat may give some further light 
to this affair. 

These brethren who were nominated, 

extreme inconveniency ; and if any difference 
fall in touching that affair, it shall be referable 
to the provincial synods, or their committee, as 
any other matter. 

5 It is not to be doubted, but my lord com- 
missioner his grace will make good what lie 
offered, anent the establishment of presbyteries 
and synods; and Ave trust his grace Avill pro- 
cure such security to these brethren for declar- 
ing their judgment, that they may do it Avithout 
any hazard, in contravening any law, and that 
the bishop shall humbly and earnestly recom- 
mend this to his grace. 

C. That no entrant shall be engaged to <iny 
canonical oath or subscription to the bishop, and 
that his opinion anent that government, shall 
not prejudge him in this, but that it shall be 
free for him to declare, 

\ Counter-proposal to the former. 
1 That episcopacy being reduced to a fixed 
presidency in presbyteries, synods, and geneial 
assemblies, all church matters be manageci, 




, „ came in to Edinburgh against Ja- 
nuary 1 1th, 1671, where they found 
the chancellor, dulve Hamilton, earl of 
Tweeddale, and some other coimsellors, 
with bishop Leighton and Mr Bui'net. 
There were two meetings at Holyrood- 
house, upon the 11th and 21st, and 
the ministers had several conferences more 
privately with the bishop, and sometimes 
with some of the noblemen. I have seen 
two written accounts of what passed at 
Edinbiu-gh at this time ; one drawn by the 
bishop, which is answered in the appendix 
to the case of accommodation ; and another 
dra^vai by some of the ministers who went 
in to Edinburgh. It is needless to swell the 
notes with them. In short, the ministers 
declared the bishop's proposals unsatisfying 
to them and their brethren ; and narrated 
some reasons why they reckoned them so. 
The bishop, at one of the meetings with the 
chancellor, offered a dispute with them. 
Mr Hutchison very modestly declined this, 
observing that he was not in tuto to dispute 
against episcopacy, by reason of the stand- 
ing laws, discharging speaking or writing 
against it, or arguing for presbyteiy, under 
the pains of sedition. Mr Burnet insulted 
a little upon this, and jeered them, becaiise 
they would not appear in their cause, which 

decided, and determined by the plurality of the 
votes of presbyters convened in the said respec- 
tive meetings, and that bishops act nothing, 
neither in ordination or jurisdiction, but by 
moderating in the said meetings without a 

2. That it shall not be in the bishop's power 
to refuse to concur in the ordination of any 
persons lawfully presented by the patron, and 
duly tried and approveii by the presbytery ; 
and that the ordination be publicly done by the 
concurrence of bishop and presbytery at the 
parish kirk; and in case the bishop, by some 
intervening invincible impediment, cannot keep 
the day and hour agreed upon, that a new day 
be appointed, and that as soon as possibly can be 
thereafter, for the said ordination ; and in case 
the bishop shall refuse or delay to concur in the 
ordination, the lords of his majesty's privy 
council sh.-ill, upon complaint of the patron, 
parish, or presbytery, direct letters of horning, 
charging him for that effect. 

3. That as general assemblies, synods, and 
presbyteries, fire razed and quite taken away, by 
act of parliament for restitution of bishops 1662, 
and the act for a national synod, so they be also 
revived again by act of parliament, the indictioii 
of t!ie genera! assembly being reserved to the 
king, and the moderating in the synods to the 

they called " the kingdom of Christ." Upon 
this Mr Wedderburn accepted the chal- 
lenge, providing the chancellor and coun- 
sellors present would allow him ; and offered 
to prove presbyterian principles to be agree- 
able to scriptiu-e, reason, antiquity, and the 
judgnie.nt of our reformers from popery: 
but the allowance was not granted ; so this 
proposed accommodation broke up. 



This year does not afford so much , „^ , 
matter for a history of sufferings, as 
many in this period ; and therefore I shall 
despatch it the more quickly, without break- 
ing it into sections. The indulged ministers 
have their hardships growing upon them, 
their brethren, the outed ministers, are 
likewise brought into trouble; the persecu- 
tion is continued upon the account of con- 
venticles, and several gentlemen, formerly 
confined, are hardly enough dealt with in 
their prisons, for their alleged accession to 
Pentland; popery in the mean time is very 
mucli increasing. These things, with some 
other incidental matters this year, I shall 

bishops, as also in presbyteries when they are 
present, and, in their absence, by other modera- 
tors chosen by the synod. 

4. That outed ministers, not yet indulged, 
shall enter into charges as freely as they who 
are indulged. 

5. Because many godly ministers cannot he 
satisfied in their consciences, silently to concur 
with a bishop or a fixed president in the exercise 
of government, that it shall be leisom to them at 
their first entering into the said presbyteries, 
synods, and general assemblies, and as oft there- 
after as they shall think fit, to protest. 

6. That entrants to the ministry have the 
same liberty, and be free of the oath of canonical 

7. That the oath of allegiance be cleared, and 
the king's power and supremacy in ecclesiastical 
matters to be on\y poleslns civHis. 

8. And lastly, because the intervals betwixt 
general assemblies may be long, to the effect 
bishops may be censurable for their lives and 
doctrine, that there be a meeting yearly of the 
whole bishops, with three or more ministers, to 
be chosen by the free votes of the several synods, 
who shall have power to depose, suspend, and 
otherwise censure the bishops, but have no 
power to meddle in any other ecclesiastical 




give some brief accounts of, that the state 
of the cliurch of Scotland, under the cross, 
year after year, may the more plainly be 
seen. It hath been already observed, that 
the real design) of the accommodation, M-hich 
broke up in the beginning- of this year, was 
to ensnare presbyterians ; and when they 
refused to come into the net, great care was 
taken to represent them as unreasonable 
men, and a party who had nothing to say 
for themselves ; while they were not allowed 
to speak in their own cause, the present 
severe laws putting a bar upon them. The 
bishops took care to improve this occasion, 
to continue the stop which was put to 
indulging any more presbyterian ministers, 
and to bring- new difficulties upon such as 
were already allowed. The restrictions and 
limitations laid upon the indulged brethren 
this year, were put to a pretty strict execu- 
tion. I find it observed by some, that 
Lauderdale, who Avith some opposition got 
the indulgence passed, had some difficulty 
to get it kept up ; till it came to appear, 
that people began to split upon this head, 
and divisions to creep in, and then the 
limitations Avere but little pressed, and their 
disturbance came to be but very small ; 
only some of the inferior clergy fretted, and 
reflected upon Lauderdale, as in heart a 
presbyterian, because he supported the in- 

When the accommodation Avas at an end, 
January 26th, the council make an act, 
confining all the indulged, who kept not 
presbyteries and synods, to their parishes. 
It is but short, and as folloAAs : " Foras- 
much as the lords of his majesty's priA'y 
council, in pursuance of his majesty's royal 
pleasure, signified to them by his letter, 
June 7th, 16G9, did by their act of July 27th, 
1669, ordain all such outed ministers, as 
should be alloAved to exercise the ministry, 
to keep kirk sessions, presbyteries, and 
synods, as Avas done by all ministers before 
the year 16.38, and did declare to them, 
that such as should be alloAA-ed to exercise 
the ministry, and should not obey in keeping 
of presbyteries, should be confined Avithin 
the bounds of the parishes Avhere they 
preach, ay and while they give assurance to 
keep presbyteries : and the said lords being 


informed, that hitherto obedience 
hath not been given to the foresaid 
act of council, do therefore command and 
require all and every one of these ministers, 
alloAved by order of council to preach, to 
keep presbyteries in time coming : and do 
hereby confine all tliose Avho shall not give 
obedience, in keeping presbyteries, AA'ithin 
the bounds of their respective parishes 
Avhere they preach : and ordain extracts of 
this act to be sent to every one of the said 
ministers, that none of them pretend igno- 

It AA-as hard enough to confine any sub- 
i ject Avithout a fault, and yet not disagreeable 
to the arbitrary measures of this time ; but 
it looks yet A\'orse to confine ministers, unto 
whom they pretend to be alloAving favours, 
merely for conscience' sake. This confine- 
ment, at first view, may seem to be no great 
hardship; yet, if Ave consider how many 
necessary affairs might siuldenly call thera 
elscAvhere, and what time and labour it cost 
to apply to the council upon every emergent, 
this state AviU not .appear very desirable. I 
shall but instance one case. June 22d, 
Mr John Bell, minister at Ardrossan, being 
confined to his parish, his fiither living 
Avithin a mile of him, falls sick, and he must 
apply to the council to visit his dying father. 
They allow him indeed, by their act of the 
above date ; but Avith a proviso, that he go 
to no other house without his parish in 
coming and going. This may discover to 
us the hardship of this act. And to give all 
1 meet Avith, as to this confinement, together, 
the council, October 3rd, are pleased to 
alloAv Messrs Hutchison, Wedderburn, Mil- 
ler, and Mo wat, liberty notAvithstanding their 
confinement, to travel, as their affairs call 
them, till November 1st. And November 
9th, Mr Robert Douglas and Mr Robert 
Hunter's liberty is continued to February 
1st, next year. November 28th, they take 
off Mr Gemmil, and Mr Spaldin's confine- 
ment till February 1st. And in January 
and February next year, Mr Hutchison, 
Mr Douglas, and Mr George Johnston, 
have some liberty granted them. I only 
notice these hints, to show the strictness 
of the act, and the trouble ministers were 
put to. 



DOOK ir. 


Again the indulged were put to 
no small trouble to get up their 
stipends. They had warrants many times 
to ask of the council, for getting payment 
from the collector. So I find, February 2d, 
Mr Thomas Black, indulged at Newtyle, 
gets a warrant from the council to the col- 
lector, for eight hundred merks, not paid 
for the year 16G9. And, April Gth, u})on 
their petition, Messrs Ramsay and Eaird 
at Paisley, get the same warrant, to be paid 
out of the vacant stipends that year. In 
July, the council come to ease themselves 
of this trouble, and it is moved there, to 
pass a general act for the payment for the 
year 1670. The bishops struggled hard to 
prevent this. Leighton violently pressed, 
that their liberty might be taken from them, 
since they had broken their rules. The 
noblemen urged, that if the indulgence Mere 
taken a«ay, conventicles would be yet more 
frequent, and the council troubled every 
day with complaints, and the country run 
into confusion : so this was waved. The 
bishop of ISt Andi'ews, and others in coun-i 
cil, violently opposed the warrant for grant- 
ing their stipends ; so that with difficulty it 
was carried : and, July 6th, au order is 
given to the collector of the vacant sti- 
pends, " to pay the ministers allowed to 
preach, the stipend 1670, retaining in their 
own hand the proportions to be paid to 
poor scholars, and the clerks of synods and 

Their carriage, as to the SI9th of May, 
^'S'as a pretext to the prelates to argue 
against paying their stipends. None of 
them kept that day as required by the act 
of parliament. When the day for their 
week-day's sermons happened that time, 
they preached ; and, it was alleged, some of 
them appointed their sermons that day of 
the week upon Avhich the twenty-ninth day 
of May was to fell upon, to evite trouble : 
others had diets of examination that day ; 
and others chose to baptize children, or 
marry some of their people that day, and 
explained some portion of scripture to their 
hearers. Great clamour was raised against 
them, for not keeping the day in terms of 
law; and they Mcre represented as disaf- 
fected to the king's government, and not 

willing to commemorate his happy restora- 
tion; whereas several of them had been 
very active in it, while some of the present 
bishops had complied with the usurper, and 
every imposition which came about. Their 
scruple did not lie at the king's govern- 
ment, but against all anniversary days what- 
soniever. To please the bishops, a new 
command is given to them to keep that 
holy day in time to come; and the council 
resolve to be very strict in examining how 
it is obeyed. 

Their continuing to lecture, notwithstand- 
ing the act of council discharging it last 
year, was another handle to the enemies of 
the indulged in the council, and much in- 
sisted upon. They continued, as hath been 
narrated ; and the issue the council comes 
to, July 6th, concerning this, is : " Being 
informed, that the ministers allowed to 
preach, do not keep the council's act anent 
lecturing, the sheriffs are ordered to take 
trial thereof, and send in the names of such 
as contravene, to the council." Thus the 
matter is put off for some time. 

Other ministers, besides the indulged, 
were brought to trouble this year. Mr 
John IMenzies, of whom last year, being 
cited to appear before the commissioner in 

last to answer what should be laid to 

his chai'ge, compeared, and was confined to 
his chamber in Edinburgh. Wlien he had 
continued there a good time, and no further 
notice was like to be taken of him, he went 
home, and preached to his people. Upon 
the 14th of January, the council find he 
hath broken his confinement, and preached 
at his kirk of Carlaverock, and order him 
to be charged to compear before them that 
day fortnight under the pain of rebellion. 
I find no more about him in the council 
registers, and can give no account how his 
process ended. ' 

The outed ministers who were every way 
peaceable, and kept no field conventicles, 
are complained upon to the council, for not 
keeping their parish churches, in terms of 
the last act of parliament ; and an order is 
sent " to the sheriffs of Lanark and Ren- 
frew, March 9th, to acquaint any of the 
outed ministers living in their bounds, that 
it is the council's pleasure, they either keep 




the churches M'here they live, or remove 
Avith their families, to places where they 
win keep it ; and if they do not ohey, that 
they imprison them." This act put them 
aud their families to no small trouble and 

Further complaints are made against the 
outed ministers, for their baptizing children. 
I tiud the council make diligent inquiry 
about this; and, when it could not be so 
easily pi-oven, the council first put over the 
parents into the hands of the bishops, aud 
then reijuire the sheriffs to make inquiry 
into this matter. June 29th, " the council 
being informed of many disorderly baptisms, 
and of some who do not baptize their chil- 
dren at all, require the bishops to proceed 
against them by church-censures, and report 
their diligence to the council." What re- 
port they made, I find not ; but, it would 
seem, their censures were not much re- 
garded : and therefore, October 3d, another 
method is taken. " The council consider- 
ing the many disorderly baptisms that are 
abounding, appoint the sheriffs, stewards, 
and lords of regalities, to call for the session 
books of each parish, and consider which of 
the children in every family have been 
orderly baptized, and which not, and uplift 
the fines." Upon this, a great many were 
brought to very much trouble, and sore 
oppressed in the exacting of their fines. 

This year likewise, tlie advocate, who was 
a zealous agent for the bishops, pressed 
much the execution of the acts made against 
conventicles : severer could scarce be made 
than those of the last session of parliament ; 
and the application of them was left to the 
council. 1 do find, about this time, others 
of the leading persons were also very violent: 
some were prosecuted for conventicles, but 
they were not many who fell into their 
hands. However, I shall set down what 
passed in council against conventicles this 
year, as far as I have noticed it. Upon the 
2d of March, the council nominate a com- 
mittee, archbishop of St Andrews, duke 
Hamilton, the earls of Argyle, Linlithgow, 
Tweeddale, Kincardine, Dundonald, presi- 
dent, advocate, treasurer-depute, (now my 
lord Haltoun, Lauderdale's brother, the lord 
Bellenden having demitted in February last,) 

and register, to consider what is 
further to be done for suppressing 
conventicles and disorderly field-meetings, 
and punish withdrawers from ordinances, and 
quickening those intrusted with the militia to 
their proper work. Upon the 7th of March, 
the council order (Mhich I take to be the 
mind of the committee) " the commissioners 
of the justiciary, viz. the justice-general, 
justice-clerk, and five of the ordinary lords 
of the session, to take up dittay against the 
contra veners of the acts against conventicles, 
irregular baptisms, and separation from the 
chiu-ch, and cite them before them." What 
they did I know not, but I find nothing 
relative to this in their registers this year. 

The 7th of March, the council cite before 
them the cautioners of Messrs Alexander 
Hastie, Stobie, Adam, &c. for being at the 
conventicle at Beeth-hill last year, to pro- 
duce those persons for Avhom they were 
bound sureties. And upon the 9th of March, 
Messrs Hastie, Stobie, Adams, &c. compear 
before the council, and are ordered to attend 
the first meeting, in May. But I find no 
more of them this year. 

In order to prevent conventicles, and 
retrieve the credit of the conformists in the 
west, the council at the same time deal with 
patrons to plant vacancies there. And, 
March 9th, they write a letter to the arch- 
bishop of St Andrews, acquainting him, that 
they have recommended it to the duke of 
Hamilton, and other considerable patrons 
in the west, to use all diligence to get their 
churches planted with the most able and 
godly ministers; and desire the primate, 
that if they give calls unto, and present any 
ministers in his diocese, that they be speedily 
loosed, and sent west at their desire. Per- 
haps this is another overture coming from 
the fore-mentioned committee. Whether 
this proposal paves the way for their act 
July 6th, or if they found the former 
method did not answer their end, I know 
not : but that day, " the lords of pri^y 
council finding patrons very slack in plant- 
ing parishes, to their great hurt, they recom- 
mend it to the bishops to plant all the 
vacancies in their dioceses, quamprimtim, 
jure devolutor This was indeed the more 
effectual way ; yet I do not find the choice 




the prelates made was satisfying to 
■ the country ; for conventicles con- 
tinued, and the churches of the curates were 
very thin. In short, the outed ministers 
preached as they had opportunity, and, not- 
withstauding all the severe acts made last 
year, neither ministers nor people were 
much discouraged. 

I come now forward to consider the cir- 
cumstances of some gentlemen of the pres- 
byterian persuasion this year. It is rather 
the end of a long- tract of sufferings, than a 
branch of them, when I notice, that excellent 
gentleman colonel Gilbert Ker, gets liberty 
to come back to his native land at this 
time. February 16th, " the council, in con- 
sideration of the king's letter read this day,